Hudson County Central Judicial Processing ("CJP")

Virtually all indictable charges issued by municipal police in Hudson County are initially heard at Central Judicial Processing at the Superior Court on Newark Avenue in Jersey City, NJ. The felony offenses that proceed in this manner include a wide range including Robbery, Aggravated Assault, Distribution and Possession of CDS, and Theft. While the proceedings at CJP can focus on bail review, our Hudson County Criminal Lawyers find that these appearances can prove extremely fruitful on behalf of our clients in having charges downgraded or remanded. A good illustrate of what we have been able to accomplish occurred this past week.

Our client had been charged with a host of offenses and, most concerning, second degree robbery. The bail schedule provides for a minimum bail amount of $50,000 and a restriction negating a 10% rider. What this meant was that, at a minimum, our client was looking at a bail of $50,000 which would either have to be posted outright or he would have to pay a non-refundable fee of $5,000 to a bail bondsman to obtain a Release on Bail. If the client was prosecuted in the Hudson County Superior Court on a robbery offense, he was looking at jail exposure of 5 to 10 years and also application of the no early release act ("NERA"). Our mission at CJP was to obtain a dismissal of the robbery charge rather than simply seek a favorable bail as would be the course typically undertaken by a lawyer.  The effort proved successful and the robbery charge was dismissed, allowing the client to be released on an ROR (i.e. released on his own recognizance without posting any bail). Central Judicial Processing often provides a great opportunity to help a client and this was exactly what was accomplished in this case.

New Jersey Criminal Defense: Disclosure of the Identity of an Informant

Confidential informants (commonly referred to as a "CI") are encountered in criminal cases we handle in New Jersey almost every day. The common scenario is someone who has been arrested and decides to cooperate with police, making controlled buys from a particular "target". The goal of the police is to arrest bigger fish while maintaining the confidentiality of the informant. The law in NJ is extremely protective of the identity of a confidential informant since commonplace disclosure would discourage cooperation given the threat of retaliation against the informant. This being the case, it is often a highly beneficial strategy for the defense to fight for disclosure, particularly, where an informant continues to have value to the police. But when is this possible in New Jersey?

Both NJ Rule of Evidence 516 and N.J.S.A. 2A:84A-28 address when disclosure of the identity of an informant may be obtained. In this regard,

A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws of this State or of the United States to a representative of the State or the United States or a governmental division thereof, charged with the duty of enforcing that provision, and evidence thereof is inadmissible, unless the judge finds that (a) the identity of the person furnishing the information has already been otherwise disclosed or (b) disclosure of his identity is essential to assure a fair determination of the issues.

New Jersey has basically carved out four scenarios where disclosure of the identity of a confidential informant may be had under these laws: (1) where the informant is a material and essential witness to a case; (2) where the confidential witness was a participant in the crime charged; (3) where the informant provided false information; or (4) where the informant's identity was previously disclosed. Where one of these circumstances exist, there is basis under NJ law to obtain disclosure of a CI. A motion seeking this relief can often prove highly beneficial to the defense and/or plea negotiations.