Double Jeopardy Bars Prosecution for Same Conduct KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website:www.njlaws.com
Double Jeopardy Bars Prosecution for Same Conduct State v. Colon 373 NJ Super. ___ (App. Div. 2005) This opinion addresses the recurrent issues that arise from the application of constitutional, statutory and equitable double jeopardy principles when a municipal court prosecution has resulted in pleas of guilty while an indictment arising from the same series of events is pending. In particular, it focuses on the effect of massive deficiencies in the municipal court proceedings on a subsequent double jeopardy claim, on the potential for continued use by the New Jersey Supreme Court of "same conduct" test in determining double jeopardy under state constitutional principle, and on the burden of proving that the same evidence supports both
convictions in circumstances in which the factual basis for the pleas in municipal court is unstated.