New Jersey Statutes 2C:1-12. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant
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Terms Used In New Jersey Statutes 2C:1-12
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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.