Rule 3:4-1. Procedure After Arrest

Rule 3:4-1. Procedure After Arrest

(a) Arrest without an Arrest Warrant.

(1) Preparation of Complaint. A law enforcement officer shall take a
person who was arrested without a warrant to a police station where a complaint shall
be prepared immediately. If it appears that issuance of a warrant is authorized by Rule
3:3-1(d), (e) or (f), the complaint may be prepared on a Complaint-Warrant (CDR-2)
form. Otherwise, the complaint shall be prepared on a Complaint-Summons (CDR-1)
form.

(2) Issuance of Process. If a Complaint-Summons (CDR-1) has been
prepared, the law enforcement officer may serve the summons and release the
defendant. If a Complaint-Warrant (CDR-2) has been prepared, without unnecessary
delay, and no later than 12 hours after arrest, the matter shall be presented to a judge,
or, in the absence of a judge, to a judicial officer who has the authority to determine
whether a warrant or summons will issue. The judicial officer shall determine whether to
issue a warrant or summons as provided in Rule 3:3-1, and if a warrant is issued, shall
order the defendant remanded to the county jail pending a determination of conditions
of pretrial release or a determination regarding pretrial detention if a motion has been
filed by the prosecutor.

(b) Arrest on an Arrest Warrant. The person who is arrested on that warrant
shall be remanded to the county jail pending a determination of conditions of pretrial
release or a determination regarding pretrial detention if a motion has been filed by the
prosecutor. For a defendant for whom a Complaint-Warrant has been issued following
waiver of jurisdiction by the Family Part, the place of commitment should be continued
as previously determined by the court waiving jurisdiction, unless otherwise ordered, in
accordance with N.J.S.A. 2A:4A-36(a).

(c) Identification procedures. If the defendant has been released on a
summons, any post-arrest identification procedures required by N.J.S.A 53:1-15 or
otherwise required by law, shall be completed on the return date of the summons.

Note: Source - R.R. 3:2-3(a), 8:3-3(a). Amended July 7, 1971 to be effective September 13, 1971;
caption amended, former rule redesignated as paragraph (a) and paragraphs (b) and (c) adopted July 21, 1980 to be effective September 8, 1980; paragraph (b) amended July 16, 1981 to be effective September 14, 1981; paragraphs (a) and (b) amended, new paragraph (c) adopted and former paragraph (c) redesignated paragraph (d) and paragraph (d)(7) deleted November 5, 1986 to be effective January 1, 1987; paragraphs (b) and (c) amended April 10, 1987 to be effective immediately; paragraph (b) amended January 5, 1988 to be effective February 1, 1988; captions added to paragraphs (a)(b) and (c), new paragraph (c) adopted, paragraph (d) introductory text deleted and paragraphs (d)(1)(2)(3)(4)(5) and (6) redesignated as paragraphs (b)(1)(a)(b)(c)(d) and (f) and paragraph (1)(e) amended and paragraphs (b)(2) and (3) adopted, July 13, 1994 to be effective January 1, 1995; paragraph (a) amended and redesignated as paragraph (b), paragraph (b) amended and redesignated as paragraph (a), paragraph (c) deleted, and new paragraph (c) adopted July 5, 2000 to be effective September 5, 2000; paragraph (a) caption amended, paragraphs (a)(1) and (a)(2) amended, and paragraph (b) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (b) amended July 27, 2018 to be effective September 1, 2018.