New Jersey Statutes 39:5-52. Information to victim
Terms Used In New Jersey Statutes 39:5-52
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Information about the victim’s role in the court process;
(2) Timely advance notice of the date, time, and place of the defendant‘s initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing;
(3) Timely notification of the case disposition, including the trial and sentencing;
(4) Prompt notification of any decision or action in the case which results in the defendant’s provisional or final release from custody; and
(5) Information about the status of the case at any time from the commission of the offense to final disposition or release of the defendant.
As used in this section, “victim” means, unless otherwise indicated, a person who suffers death, or any personal, physical, or psychological injury as a result of a motor vehicle accident. In the case of death, “victim” means a surviving spouse, child, or the next of kin.
When a need is demonstrated, the information in this section shall be provided in the Spanish as well as the English language.
b. A victim shall be provided with an opportunity to consult with the prosecutor prior to a dismissal of a case or the filing of a proposed plea negotiation with the court if a victim suffered death or sustained bodily injury or serious bodily injury as defined in N.J.S. 2C:11-1.
c. This section shall not be construed to alter or limit the authority or discretion of the Supreme Court to regulate the practice of plea agreements in municipal court, or alter or limit the authority or discretion of a prosecutor.
L. 1987, c. 307, s. 2.