New Jersey Section 2C:35B-15 – Stay of action pending criminal action

New Jersey’s Section 2C:35B-15 – Stay of Civil Forfeiture Proceedings During Criminal Investigation

New Jersey’s civil forfeiture laws allow the state to seize assets allegedly connected to criminal activity before the owner is convicted of a crime. But what happens when there’s a pending criminal investigation related to the seized property? That’s where Section 2C:35B-15 comes in. This provision allows for a “stay” or pause of the civil forfeiture case while the criminal investigation plays out.

The Basics of Section 2C:35B-15

Under 2C:35B-15, either party in a civil forfeiture case can request that the court issue a stay, pausing the civil case until the related criminal investigation concludes. The stay can be requested at any point during the civil forfeiture proceedings.

To get the stay, the party requesting it must show that going forward with the civil case could unfairly hurt their ability to defend themselves in the criminal matter. For example, anything someone says in the civil case could potentially be used against them later in the criminal prosecution.

If the judge agrees that a stay is proper, the civil forfeiture case pauses until there’s a final resolution of the criminal investigation. This prevents the civil and criminal cases from unfairly impacting each other.

Once the criminal case concludes, the stay is lifted and the civil forfeiture proceedings can pick up where they left off. Any assets seized remain in the State’s custody during the stay.

Why Is a Stay Allowed?

The purpose of allowing a stay in these situations is to protect someone’s Constitutional rights. The 5th Amendment says no one can be forced to incriminate themselves. If a civil case went forward at the same time as a criminal investigation, it could violate those protections.

Defending against civil forfeiture often requires providing information that could be incriminating. And anything incriminating from the civil case could potentially be used in the criminal prosecution. So forcing someone to fight civil forfeiture while defending criminal charges could unfairly undermine their right against self-incrimination.

Staying the civil case removes this tension between the 5th Amendment and civil forfeiture laws. It ensures Constitutional rights aren’t compromised as the parallel cases move forward.

When Will a Stay Be Granted?

There’s no automatic right to a stay just because there’s a pending criminal investigation. The party requesting the stay must show good cause and convince the judge that a stay is warranted.

In deciding whether to grant a stay, courts will consider factors like:

• How far along is the criminal investigation? If charges are imminent, a stay is more likely.
• How similar are the civil and criminal cases? If they involve the same conduct and evidence, a stay is more appropriate.
• Would moving forward compromise Constitutional rights? As discussed above, this is a primary concern.
• Would either side be unfairly prejudiced without a stay?
• How long has the civil forfeiture case been pending? Courts don’t want to put civil proceedings on hold indefinitely.

The level of proof required may vary by court. But the basic standard is showing that the pending criminal case could impair the party’s ability to properly defend themselves in one case or the other.

It’s a case-specific analysis – one court may grant a stay while another denies it under similar facts. There are many judgment calls involved for the judge to weigh.

Seeking a Stay of Civil Forfeiture

If you’re facing both civil forfeiture and criminal prosecution, requesting a stay of the civil case under 2C:35B-15 may be wise. Here are some tips:

• Get a lawyer – navigating parallel civil and criminal cases is extremely complex. You need an experienced attorney.
• Consider timing – the strongest case for a stay is before the civil proceedings get too far along. Don’t wait too long.
• Highlight the overlaps – show how the cases involve the same core facts and how defending one could compromise the other.
• Emphasize fairness – be prepared to argue why a stay is needed to preserve your Constitutional rights.
• Offer limitations – propose a time limit on the stay and other safeguards against indefinite delay.

Staying civil forfeiture is never guaranteed. But in the right circumstances, Section 2C:35B-15 provides an important tool to pause the civil case while defending related criminal charges.

The End of the Stay – Returning to Civil Court

Once the criminal case concludes, the stay of the civil forfeiture case is lifted. The civil proceedings pick up where they left off.

If the defendant was convicted on related criminal charges, this obviously strengthens the state’s case for forfeiture. But a criminal conviction isn’t an automatic win – the state still must prove the seized assets themselves were tied to illegal activity.

If the defendant was acquitted or had charges dismissed, their case for getting the assets back is stronger. However, the burden of proof is lower in civil cases, so civil forfeiture is still possible.

Any assets seized remain in state custody through the stay. Once the stay lifts, the court determines whether they should now be forfeited or returned to the owner.

For the person facing charges, the end of the stay marks a return to fighting on two fronts – now with the hindsight of how the criminal case played out. An experienced lawyer is essential for navigating this complex terrain.

Takeaways on Section 2C:35B-15

New Jersey’s law allowing stays of civil forfeiture proceedings aims to balance competing needs:

• Protecting Constitutional rights of people facing parallel criminal cases
• Allowing the state to pursue forfeiture of allegedly illicit assets
• Preventing indefinite delays in civil proceedings

Seeking a stay can be crucial for shielding yourself in overlapping civil and criminal cases. The success of a stay request depends on the specific circumstances and strength of your arguments for a pause. If granted, a stay provides temporary relief – but the civil fight will eventually resume.

This is a complex area of law. Anyone whose assets were seized and who faces related criminal charges should consult an attorney. An experienced lawyer can advise whether to pursue a stay under Section 2C:35B-15 and how best to navigate the interplay between civil forfeiture and criminal prosecution.