New Jersey Section 2C:104-6 – Material witness hearing

New Jersey’s Material Witness Law – What You Need To Know

New Jersey’s material witness law, section 2C:104-6, outlines the procedures and rights afforded to witnesses who are detained to secure their testimony in a criminal case. This law balances an individual’s liberty interests against the government’s interest in prosecuting crime.

Overview of the Material Witness Law

New Jersey’s material witness statute allows prosecutors or defendants to apply for a court order to detain a witness who has information that is “material,” or relevant and important, to a criminal case. This ensures the witness testifies at trial or other proceedings.

To get a material witness order, there must be a pending criminal case or investigation. The applicant must show it’s impractical to get the witness’s testimony using a subpoena and that the witness’s testimony is material.

If issued, the order can require the witness to post a bond, be detained in jail, or be released with conditions like electronic monitoring. The witness has due process rights, including the rights to a hearing, counsel, and to appeal.

History – Balancing Rights After State v. Misik

New Jersey updated its material witness law in 1994 after the landmark State v. Misik case. In Misik, the court held the prior law was unconstitutional for letting a witness be detained without due process.

The court set forth requirements like notice, a hearing, right to counsel, a high standard of proof, and conditions of release – things now in the statute. The revisions balanced individual rights with the need to prosecute crime.

When Can a Material Witness Order Be Issued?

There are threshold requirements before a material witness order can be requested:

• A criminal case or investigation must be pending – there must be an indictment, complaint or investigation by a grand jury.
• The testimony must be “material.” This means it is directly relevant to the pending case. For example, an eyewitness to the crime.
• There must be a risk the witness will not appear. This can be shown if the witness previously failed to comply with a subpoena or lives out-of-state.

Material Witness Order Hearing

Before issuing an order, the judge must hold a hearing where the witness has these rights:

• Right to counsel, including a free court-appointed lawyer if needed.
• Right to notice of the hearing time/place.
• Right to testify, present evidence and witnesses.
• Right to cross examine witnesses.

The judge decides whether detention is needed based on factors like the witness’s ties to the area and past record of appearing when subpoenaed.

Conditions of Release

If not detained, conditions can be imposed like:

• Releasing the witness on their own promise to appear.
• Requiring a bond or cash deposit, where money is forfeited if the witness fails to appear.
• Imposing restrictions on travel or associations.
• Requiring regular check-ins with pretrial services.
• Electronic monitoring like GPS ankle bracelet tracking.

Rights While Detained

Witnesses detained in jail have rights including:

• Right to a detention hearing every 10 days.
• Right to file an appeal.
• Right to have the order dissolved if their testimony is no longer needed.

Conclusion

The material witness law attempts to balance individual liberty and the government’s interest in prosecuting crime. While detention impacts freedom, witnesses are afforded a range of due process rights under the statute. Defense lawyers can challenge orders to protect client rights.

I hope this overview of New Jersey’s material witness law is helpful! Let me know if you have any other questions. I’m always happy to discuss the law and public policy issues related to witness detention.