7:3-1. Procedure After Arrest

7:3-1. Procedure After Arrest

(a) First Appearance; Time; Defendants Not in Custody. Following the filing of
a complaint and service of process upon the defendant, the defendant shall be brought,
without unnecessary delay, before the court for a first appearance.

(b) First Appearance; Time; Defendants Committed to Jail. All defendants
who are in custody shall have the first appearance conducted within 48 hours of their
commitment to jail, except as provided in R. 3:4-2(a)(1). For defendants incarcerated on
an initial charge, on a Complaint- Warrant (CDR-2) for an indictable or disorderly
persons offense, the first appearance shall be conducted at a centralized location and
by a judge designated by the Chief Justice, as provided in Rule 3:26. For all other
incarcerated defendants within the jurisdiction of the municipal court who require a first
appearance, the first appearance shall be conducted by a judge authorized to set bail or
other conditions of release; this includes those charged on an initial Complaint-Warrant
(CDR-2) for a petty disorderly persons offense.

(c) Custodial Arrest Without Warrant.

(1) Preparation of a Complaint and Summons or Warrant. A law
enforcement officer making a custodial arrest without a Complaint-Warrant (CDR-2)
shall take the defendant to the police station where a complaint shall be immediately
prepared. The complaint shall be prepared on a Complaint-Summons form (CDR-1 or
Special Form of Complaint and Summons), unless the law enforcement officer
determines that one or more of the factors in R. 7:2-2(f) applies. Upon such
determination, the law enforcement officer may prepare a Complaint-Warrant (CDR-2)
rather than a Complaint-Summons.

(2) Probable Cause; Issuance of Process. If a Complaint-Warrant (CDR2)
is prepared, the law enforcement officer shall, without unnecessary delay, but in no
event later than 12 hours after arrest, present the matter to a judge, or in the absence of
a judge, to a municipal court administrator or deputy court administrator who has been
granted authority to determine whether a Complaint-Warrant (CDR-2) or summons will
issue. The judicial officer shall determine whether there is probable cause to believe
that an offense was committed and that the defendant committed it. If probable cause
is found, a summons or Complaint-Warrant (CDR-2) may issue. If the judicial officer
determines that the defendant will appear in response to a summons, a summons shall
be issued consistent with the standard prescribed by R. 7:2-2. If the judicial officer
determines that a warrant should issue consistent with the standards prescribed by R.
7:2-2 after the Complaint-Warrant (CDR-2) is issued, the defendant charged with a
disorderly persons offense shall be remanded to the county jail pending a determination
of conditions of pretrial release. If the defendant is charged on a Complaint-Warrant
(CDR-2) with a petty disorderly persons offense or any other matter within the
jurisdiction of the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, bail shall
be set without unnecessary delay, but in no event later than 12 hours after arrest. The
finding of probable cause shall be noted on the face of the summons or ComplaintWarrant
(CDR-2). If no probable cause is found, the judge shall not issue the summons
or Complaint-Warrant (CDR-2).

(3) Summons. If a Complaint-Summons form (CDR-1 or Special Form of
Complaint and Summons) has been prepared, or if a judicial officer has determined that
a summons shall issue, the summons shall be served and the defendant shall be
released after completion of post-arrest identification procedures required by law and
pursuant to R. 7:2-2(j).

(d) Non-Custodial Arrest. A law enforcement officer charging any offense may
personally serve a Complaint-Summons (Special Form of Complaint and Summons) at
the scene of the arrest without taking the defendant into custody.

(e) Arrest Following Bench Warrant. If a defendant is arrested on a bench
warrant on an initial summons and monetary bail was not set at warrant issuance, a bail
determination or release on personal recognizance must occur without unnecessary
delay and no later than 12 hours after arrest. If the defendant is unable to post bail, the
court shall review that bail promptly. The defendant may file an application with the
court seeking a bail reduction; such bail reduction motion shall be heard in an expedited
manner.

Note: Source -- R. (1969) 7:2, 7:3-1, 3:4-1. Adopted October 6, 1997 to be effective
February 1, 1998; paragraphs (b)(1) and (b)(2) amended July 12, 2002 to be effective
September 3, 2002; paragraph (b) caption amended, paragraphs (b)(1) and (b)(2)
amended, and new paragraph (c) adopted July 28, 2004 to be effective September 1,
2004; paragraph (a) caption and text amended, new paragraph (b) adopted, former
paragraph (b) amended and redesignated as paragraph (c) , and text amended, former
paragraph (c) redesignated as paragraph (d), and new paragraph (e) adopted August
30, 2016 to be effective January 1, 2017; paragraphs (b), (c)(2) and (c)(3) amended
November 14, 2016 to be effective January 1, 2017; paragraph (b) amended July 29,
2019 to be effective September 1, 2019; subparagraphs (c)(1), (c)(2), and (c)(3)
amended, and paragraph (d) amended August 2, 2019 to be effective October 1, 2019,
effective date extended to January 1, 2020 pursuant to Court order dated September
25, 2019.