3:22-11. Determination; Findings and Conclusions; Judgment;
Supplementary Orders
In making final determination upon a petition, either on
motion for dismissal or after hearing, the court shall state separately its
findings of fact and conclusions of law, and shall enter a judgment, which
shall include an appropriate order or direction with respect to the judgment or
sentence in the conviction proceedings and any appropriate provisions as to
rearraignment, retrial, custody, bail, discharge, correction of sentence, or as
may otherwise be required.
3:22-12. Limitations
A petition to correct an illegal sentence may be filed at
any time. No other petition shall be filed pursuant to this rule more than 5
years after rendition of the judgment or sentence sought to be attacked unless
it alleges facts showing that the delay beyond said time was due to defendant's
excusable neglect.
Conclusion
It is well established that the prosecution of a defendant
for criminal and traffic offenses are serious matters. In such a proceeding the
burden of proof is upon the state to establish all elements of the offense
beyond a reasonable doubt. Plea bargaining is permitted in most cases handled
by attorneys. Never attempt to represent yourself if you are facing serious
charges.
Criminal and traffic offenses carry penalties which will
effect your client for the rest of his life. The space limits of this article
do not allow detailed explanation of the extensive caselaw on penalties.
Criminal and traffic law and defenses are explained in greater details in other
articles on njlaws.com. Call 732-572-0500 to schedule a confidential
consultation
