In some situations in New Jersey, a prior prosecution for a different criminal offense may bar prosecution for another criminal offense. Here is what the statute states:
2C:1-10. When prosecution barred by former prosecution for different offense
A prosecution of a defendant for a violation of a different provision of the statutes or based on different facts than a former prosecution is barred by such former prosecution under the following circumstances:
a. The former prosecution resulted in an acquittal or in a conviction as defined in section 2C:1-9 and the subsequent prosecution is for:
(1) Any offense of which the defendant could have been convicted on the first prosecution; or
(2) Any offense for which the defendant should have been tried on the first prosecution under section 2C:1-8 unless the court ordered a separate trial of the charge of such offense; or
(3) The same conduct, unless (a) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil, or (b) the second offense was not consummated when the former trial began.
b. The former prosecution was terminated, after the complaint was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.
c. The former prosecution was improperly terminated, as improper termination is defined in section 2C:1-9, and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
d. Nothing in this section shall bar the disposition of a nonindictable complaint after disposition of an indictable offense except as required by the Federal and State constitutions.
2C:1-11. Former prosecution in another jurisdiction: when a bar
When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States, a prosecution in the District Court of the United States is a bar to a subsequent prosecution in this State under the following circumstances:
a. The first prosecution resulted in an acquittal or in a conviction, or in an improper termination as defined in section 2C:1-9 and the subsequent prosecution is based on the same conduct, unless (1) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil or (2) the offense for which the defendant is subsequently prosecuted is intended to prevent a substantially more serious harm or evil than the offense of which he was formerly convicted or acquitted or (3) the second offense was not consummated when the former trial began; or
b. The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense of which the defendant is subsequently prosecuted.
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.
Under New Jersey state law, you may be able to successfully defend against your charges by arguing that a prior prosecution legally bars prosecution for another offense for which you are facing investigation or charges. Criminal statutes can be very difficult to effectively navigate. That is why it is so important to consult with a criminal attorney. You may have defenses available to you that you otherwise wouldn’t have thought of.
It’s important to keep in mind that the law is constantly changing. Therefore, statutes listed here may not be operable due to unmet conditions or may have expired. It’s also possible that they have been ruled inoperable by a court, or have otherwise become inoperable. Therefore, you should not rely solely on the information presented.
If you are facing criminal investigation or charges, in order to protect your rights, you should contact a criminal defense attorney as soon as is possible.
