Criminal Statutes, Court Rules Jury Charges NJ

Kenneth Vercammen, Esq. 732-572-0500 Edison, NJ 08817 More information at www.njlaws.com To email Ken V, go here: http://www.njlaws.com/ContactKenV.html


Monday, June 2, 2014

2C:1-12. Former Prosecution Before Court Lacking Jurisdiction or When Fraudulently Procured by the Defendant.

A prosecution is not a bar within the meaning of sections 2C:1-9, 10 and 11  under any of the following circumstances:

    a.  The former prosecution was before a court which lacked jurisdiction over  the defendant or the offense tried in that court;  or

    b.  The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer;  or

    c.  The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by section 2C:1-9a. shall apply.

     L.1978, c. 95, s. 2C:1-12, eff. Sept. 1, 1979.
Posted by Vercammen Law at 7:18 AM
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