7:6-2. Pleas, Plea Agreements
(a) ... no change
(b) ... no change
(c) ... no change
(d) Plea Agreements. Plea agreements may be entered into only pursuant to the
Guidelines and accompanying Comment issued by the Supreme Court, both of which
are annexed as an Appendix to Part VII, provided, however, that:
(1) the complaint is prosecuted by the municipal prosecutor, the county
prosecutor, or the Attorney General; and
(2) the defendant is either represented by counsel or knowingly waives the right
to counsel on the record; and
(3) the prosecuting attorney represents to the court that the [complaining witness
and the] victim, if the victim is present at the hearing, [have] has been consulted about
the agreement; and
(4) the plea agreement involves a matter within the jurisdiction of the municipal
court and does not result in the downgrade or disposition of indictable offenses without
the consent of the county prosecutor, which consent shall be noted on the record; and
(5) the sentence recommendations, if any, do not circumvent minimum
sentences required by law for the offense.
Pursuant to paragraph (a)(1) of this rule, when a plea agreement is reached, its
terms and the factual basis that supports the charge(s) shall be fully set forth on the
record personally by the prosecutor, except as provided in Guideline 3 for Operation of
Plea Agreements. If the judge determines that the interests of justice would not be
served by accepting the agreement, the judge shall so state, and the defendant shall be
informed of the right to withdraw the plea if already entered.
