New Jersey Section 2C:28-5.3 – Moving parties

New Jersey’s Law on Moving Parties in Witness Protection Cases

New Jersey has a specific law dealing with moving parties in cases involving witness and victim protection orders. This law, known as Section 2C:28-5.3, is part of the state’s overall legal framework on witness tampering and retaliation.

Overview of the Law

Section 2C:28-5.3 allows either party in a criminal case to file a motion requesting that the court issue an order to protect witnesses or victims from harm or harassment. The motion can ask the court to take measures like concealing identities, relocating witnesses, or putting other protections in place.

The law says that either the prosecution or the defense can file this kind of motion. So both sides have the ability to request witness protection if they believe it’s needed in a particular case.

When Would This Law Apply?

Section 2C:28-5.3 comes into play when there are concerns about witness or victim safety in a criminal proceeding.

For example, if a key witness in a case has been threatened, the prosecution might file a motion under 2C:28-5.3 asking the judge to conceal that person’s identity and address.

Or if the victim of a violent crime is scared of retaliation, the defense could file a motion requesting that the individual be temporarily relocated for their safety.

The goal is to allow either party to take steps to protect witnesses or victims if they have reason to fear intimidation or harm. The court can then decide whether to grant the protective order.

What Can the Court Order?

New Jersey’s law gives judges broad discretion in terms of what they can order to protect witnesses and victims. Some potential measures include:

• Concealing or withholding a witness’s name, address, place of employment, or other identifying information. This is done when revealing the witness’s identity could put them at risk.
• Temporarily relocating a witness or victim and their family for safety reasons.
• Directing law enforcement to provide 24-hour security for a protected person.
• Prohibiting a defendant in the case (or anyone acting on their behalf) from approaching, contacting, or tampering with a witness or victim.
• Imposing any other restrictions necessary to safeguard an individual from harm or intimidation.

So Section 2C:28-5.3 allows for a wide range of protective steps, giving judges flexibility based on the circumstances.

When Would a Party File This Kind of Motion?

Section 2C:28-5.3 motions are filed whenever there are credible concerns about witness or victim safety. Some common scenarios include

• A key witness receiving threats of violence if they testify.
• A victim of domestic violence fearing retaliation from the accused abuser.
• Witnesses in gang-related cases needing protection from associates of the defendant.
• Undercover informants or officers whose identities need to be concealed from the public for safety.
• Situations where witnesses or victims are seen as “snitches” and could face backlash in their communities.
• Any case where a witness’s life, health or family appears to be in jeopardy.

The bottom line is that these motions provide an important legal tool to protect participants in the justice system. The court can take steps to shield witnesses and victims when needed.

Balancing Safety and Fairness

Section 2C:28-5.3 ultimately aims to strike a delicate balance. On one hand, courts must ensure witnesses and victims feel safe coming forward. But on the other, a defendant’s right to question accusers and receive a fair trial cannot be impeded.

New Jersey’s law tries to achieve both goals. By allowing either party to request protection, but also building in privacy protections, it seeks to promote security without undermining justice.