Rights of Criminal Defendants in New Jersey under the United States and New Jersey Constitutions

There are certain enumerated rights under the United States Constitution and the New Jersey Constitution which are guaranteed to each and every defendant in a criminal case in New Jersey. These rights include:

The right to address the court at sentencing (Article I, Paragraph 2)

The right to freedom from unreasonable searches and seizures (Article 1, Paragraph 7); In this area, the protections in New Jersey are actually greater than Federal law.

The right to have felony cases presented to a grand jury (Article 1, Paragraph 8)

The right to a speedy trial (Article 1, Paragraph 8)

The right to a public trial (Article 1, Paragraph 10)

The right to be informed of the nature of the accusations against you (Article 1, Paragraph 10)

The right to cross examine adverse witnesses (Article 1, Paragraph 10)

The right to compel a witness to testify (Article 1, Paragraph 10)

The right to assistance of counsel (Article 1, Paragraph 10)

The right to protection against double jeapordy (Article 1, Paragraph 11)

The right against cruel and unusual punishment (Article 1, Paragraph 12)

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