Criminal Defense Lawyers

New Jersey Section 2C:65-3 – Disposition of stolen property after final determination of proceeding

New Jersey Section 2C:65-3 – Disposition of Stolen Property After Final Determination of Proceeding

Section 2C:65-3 of the New Jersey Code of Criminal Justice outlines the procedures for disposing of stolen property after the final determination of a criminal proceeding involving that property. This section allows people claiming ownership of stolen property to apply to the court for the return of their property after the case is fully resolved.

Overview of Section 2C:65-3

Section 2C:65-3 states that after the final determination of any criminal action or proceeding, the court must return stolen property to its rightful owner upon application by that person or their authorized agent. This allows victims of theft crimes to recover their stolen belongings after the case concludes.

Some key points about Section 2C:65-3 include:

• It applies to all types of stolen property, including money, vehicles, electronics, jewelry, etc.
• The owner must submit an application to the court asserting their claim to the property. They may also designate an agent in writing to handle the process.
• The court will only release the property if satisfied that the applicant is the true owner. Proof of ownership may be required.
• If no one claims the property within 6 months, the court may order it sold at public auction. The proceeds go to the public treasury.
• The section does not limit civil remedies available to the owner, such as replevin or conversion actions.

Court Procedure for Returning Stolen Property

The court process for returning stolen property under 2C:65-3 typically involves the following steps:

1. Final determination of the criminal case by dismissal, plea, or verdict.
2. Owner files an application with the court asserting their claim to the property.
3. The court sets a hearing date and notifies interested parties.
4. At the hearing, the owner must prove ownership through documentation, testimony, etc.
5. The court will return the property to the rightful owner if their claim is validated.
6. If no one claims the property within 6 months, the court may order it auctioned.

At any point in the process, the prosecutor or defendant may contest the release of the property to a particular claimant. The court will make the final determination based on the evidence.

Limitations of Section 2C:65-3

While Section 2C:65-3 allows owners to eventually recover their stolen property, there are some limitations:

• The process can be time consuming, lasting months or longer. Owners must go without their property during this time.
• The court is not required to return stolen property in all cases. Sometimes evidence must be retained or property may be contraband.
• If stolen property was damaged, destroyed, or sold by the thief, it cannot be returned. However, civil remedies may be available.
• If no owner comes forward, the state profits from sale at auction rather than making efforts to locate the rightful owner.
• It does not help owners whose stolen property was fenced or otherwise dispersed into the marketplace.
• Costs and hassles of the court process may deter some owners from pursuing a claim.

Return of Stolen Property in Related Circumstances

While Section 2C:65-3 specifically covers property held after criminal proceedings, there are other circumstances where stolen property may be returned:

• If stolen property is seized by police but no arrest is made, officers may return it to the owner without court order under Section 2C:65-2.
• Victims may file civil lawsuits against perpetrators using causes of action like conversion or replevin to seek return of stolen goods.
• For thefts involving motor vehicles, owners may apply to a prosecutor for release if needed for employment or other hardship.
• Stolen property held by pawn shops may be claimed by victims within one year of the report to police.
• Victims may locate stolen items online and work with police to recover them through sting operations.

Defense Arguments Against Returning Stolen Property

In some cases, defendants or prosecutors may object to the return of stolen property to an alleged owner under 2C:65-3. Some arguments they might raise include:

• The claimant is not the true owner or rightful possessor of the property.
• The property is still needed for evidentiary purposes in the criminal case.
• The property is illegal contraband that should not be returned to circulation.
• The owner already received restitution or insurance compensation for the stolen item.
• Returning the property would constitute double recovery for the claimant.
• The property has been altered or damaged such that the original owner cannot be determined.
• Too much time has passed since the theft and ownership cannot be proven.
• Releasing the property may jeopardize public safety (e.g. stolen firearms).

Victim Rights to Recover Stolen Property

Crime victims and owner rights advocates promote vigorously enforcing Section 2C:65-3 and other laws allowing stolen property recovery. Returning belongings helps restore victims’ sense of security and justice. However, the complexities of property return demonstrate the need for comprehensive victims’ rights legislation and resources. With appropriate support and procedures, New Jersey’s laws on returning stolen property can better serve victims after cases conclude.