Question 1

What is the statute of limitations for criminal defense in New Jersey?

Accepted Answer

Murder, manslaughter, and sexual assault have no statute of limitations. Official misconduct, bribery, and perjury: 7 years. Most indictable offenses: 5 years. Disorderly and petty disorderly persons offenses: 1 year. Child sexual abuse: 5 years after victim turns 18 or 2 years after discovery. (N.J.S.A. 2C:1-6)

Question 2

What is New Jersey's law on sentencing — degree system?

Accepted Answer

1st degree: 10–20 years state prison (presumption of incarceration). 2nd degree: 5–10 years (presumption of incarceration). 3rd degree: 3–5 years (presumption of non-incarceration for first offense). 4th degree: up to 18 months (presumption of non-incarceration for first offense). (N.J.S.A. 2C:43-6)

Question 3

What is New Jersey's law on disorderly & petty disorderly persons?

Accepted Answer

Disorderly persons: up to 6 months county jail, $1,000 fine. Petty disorderly persons: up to 30 days, $500 fine. (N.J.S.A. 2C:43-8)

Question 4

What is New Jersey's law on expungement?

Accepted Answer

Indictable offenses: 5-year waiting period (reduced from 10 in 2017). Disorderly persons: 5-year wait. Clean Slate Act (N.J.S.A. 2C:52-5.3): allows petition for all convictions after 10 years even if exceeding normal limits. Automatic expungement for marijuana offenses. (N.J.S.A. 2C:52-1 et seq.)

Criminal Defense Laws in New Jersey.

Statute of Limitations

Key New Jersey Statutes

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