New Jersey § 2C:104-6 Material witness hearing

New Jersey Statutes

§ 2C:104-6 — Material witness hearing

New Jersey § 2C:104-6

Title 2CTHE NEW JERSEY CODE OF CRIMINAL JUSTICE

This text of New Jersey § 2C:104-6 (Material witness hearing) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 2C:104-6 (2026).

Text

2C:104-6 Material witness hearing. a. At the material witness hearing, the following rights shall be afforded to the person:

(1)the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one;

(2)the right to be heard and to present witnesses and evidence;

(3)the right to have all of the evidence considered by the court in support of the application; and (4) the right to confront and cross-examine witnesses. b. If the judge finds that there is probable cause to believe that the person is unlikely to respond to a subpoena and has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime, or a criminal investigation before a grand jury, the judge shall determine that the person is a material

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2C:104-6 Material witness hearing. a. At the material witness hearing, the following rights shall be afforded to the person: (1) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one; (2) the right to be heard and to present witnesses and evidence; (3) the right to have all of the evidence considered by the court in support of the application; and (4) the right to confront and cross-examine witnesses. b. If the judge finds that there is probable cause to believe that the person is unlikely to respond to a subpoena and has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime, or a criminal investigation before a grand jury, the judge shall determine that the person is a material witness and may set the conditions of release of the material witness. c. If the judge finds by clear and convincing evidence that confinement is the only method that will secure the appearance of the material witness, the judge may order the confinement of the material witness. d. The judge shall set forth the facts and reasons in support of the material witness order on the record. Source: 2A:162-2. L.1994,c.126,s.6.