Court rule 3:4-2. First Appearance After Filing of Complaint

3:4-2. First Appearance After Filing of Complaint

• (a) Time of First Appearance. Without unnecessary delay, following the filing of a complaint the defendant shall be brought before a judge for a first appearance as provided in this Rule. If the defendant remains in custody, the first appearance shall occur within 72 hours after arrest, excluding holidays, and shall be before a judge with authority to set bail for the offenses charged.
• (b) Procedure in Indictable Offenses. At the defendant's first appearance before a judge, if the defendant is charged with an indictable offense, the judge shall:
  
  • (1) give the defendant a copy of the complaint and inform the defendant of the charge;
  • (2) inform the defendant of the right to remain silent and that any statement may be used against the defendant;
  • (3) inform the defendant of the right to retain counsel and, if indigent, the right to be represented by the public defender;
  • (4) ask the defendant specifically whether he or she wants counsel and record the defendant's answer on the complaint;
  • (5) if the defendant asserts indigence, and does not affirmatively, and with understanding, waive the right to counsel, assure that the defendant completes the appropriate application form for public defender services and files it with the criminal division manager's office;
  • (6) inform the defendant that there is a pretrial intervention program and where and how an application to it may be made;
  • (7) inform the defendant of his or her right to have a hearing as to probable cause and of his or her right to indictment by the grand jury and trial by jury, and if the offense charged may be tried by the court upon waiver of indictment and trial by jury, the court shall so inform the defendant. All such waivers shall be in writing, signed by the defendant, and shall be filed and entered on the docket. If the complaint charges an indictable offense which cannot be tried by the court on waiver, it shall not ask for or accept a plea to the offense; and,
  • (8) admit the defendant to bail as provided in Rule 3:26.
• (c) Procedure in Non-Indictable Offenses. At the defendant's first appearance before a judge, if the defendant is charged with an non-indictable offense, the judge shall:
  
  • (1) give the defendant a copy of the complaint and inform the defendant of the charge;
  • (2) inform the defendant of the right to remain silent and that any statement may be used against the defendant;
  • (3) inform the defendant of the right to retain counsel and, if indigent and entitled by law to the appointment of counsel, the right to be represented by a public defender or assigned counsel; and
  • (4) assign counsel, if the defendant is indigent and entitled by law to the appointment of counsel, and does not affirmatively, and with understanding, waive the right to counsel.
• (d) Trial of Indictable Offenses in Municipal Court. If a defendant who is charged with an indictable offense that may be tried in Municipal Court is brought before a Municipal Court, that court may try the matter provided that the defendant waives the rights to indictment and trial by jury. The waivers shall be in writing, signed by the defendant, and approved by the county prosecutor, and retained by the Municipal Court.
• (e) Waiver of First Appearance By Written Statement. Unless otherwise ordered by the court, a defendant who is represented by an attorney and is not incarcerated may waive the first appearance by filing, at or before the time fixed for the first appearance, a written statement in a form prescribed by the Administrative Director of the Courts, signed by the attorney, certifying that the defendant has:
  
  • (1) received a copy of the complaint and has read it or the attorney has read it and explained it to the defendant;
  • (2) understands the substance of the charge;
  • (3) been informed of the right to remain silent and that any statement may be used against the defendant;
  • (4) been informed that there is a pretrial intervention program and where and how an application to it may be made; and
  • (5) been informed of the right to have a hearing as to probable cause, the right to indictment by the grand jury and trial by jury, and if applicable, that the offense charged may be tried by the court upon waiver of indictment and trial by jury, if in writing and signed by the defendant.
  At the time the written statement waiving the first appearance is filed with the court, a copy of that written statement shall be provided to the Criminal Division Manager’s office and to the County Prosecutor or the Attorney General, if the Attorney General is the prosecuting attorney.