Rule 3:25A-1 Application for Disposition
Rule 3:25A — Consolidated Dispositions
Rule Text
Notwithstanding the provisions of Rule 3:14, when a defendant has charges pending in more than one county at any stage prior to sentencing, either the defendant, or the prosecutor in any such county with the consent of the defendant, may move before the presiding judge of the criminal part in the county in which consolidation is sought, or before any judge designated to hear such motion, for consolidation for purposes of entering a plea or for sentencing. Written notice of such motion and an opportunity to be heard shall be given to the prosecutor in each county in which such a charge is pending. The motion shall be supported by certification that includes the information the court is required to consider under this Rule.
In deciding whether to order consolidation and, if so, the county to be the forum for the consolidated charges, the judge shall consider:
(1) the nature, number, and comparative gravity of crimes committed in each of the respective counties;
(2) the similarity or connection of the crimes committed including the time span within which the crimes were committed;
(3) the county in which the last crime was committed;
(4) the county in which the most serious crime was committed;
(5) the defendant's sentencing status;
(6) the rights of the victims and the impact on any victim's opportunity to be heard
(7) any other relevant factor.
Amendment history: Adopted July 17, 1975 to be effective September 8, 1975; amended July 14, 1992, to be effective September 1, 1992.