Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 1000

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2535-20 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION APPROVED FOR PUBLICATION FOR ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
citation:
Document Size:	131573

2 NEW JERSEY v. STEPHEN MAROLDA -- rank: 822

... file the forfeiture action within ninety days of the seizure. N.J.S.A. 2C:64-3(a). On May 4, 2006, the BCPO filed a timely ... civil forfeiture of the seized funds and assets pursuant to N.J.S.A. 2C:64-3(a), (b). The owners of seized assets may contest the ... to the complaint 'in accordance with the Rules of Court.' N.J.S.A. 2C:64-3(d). 'If no answer is filed and served within the ... of pursuant to N.J.S.A. 2C:64-6.' N.J.S.A. 2C:64-3(e). Neither defendant nor the other owners of the property ...

docket:	a4556-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-04
status:	Published
citation:
Document Size:	41633

3 STATE OF NEW JERSEY v. LUIS MELENDEZ -- rank: 819

... forfeiture complaint pending the outcome of his criminal trial. See N.J.S.A. 2C:64- 3(f). Instead, the summons contained the standard language 6 It ... seizure if it wishes to seek forfeiture of the property. N.J.S.A. 2C:64- 3(a). The State must give notice of the action 'to ... person known to have a property interest in the article.' N.J.S.A. 2C:64-3(c). Anyone seeking to oppose the forfeiture (the claimant) must ... which must state the claimant's 'interest in the property.' N.J.S.A. 2C:64-3(d). 'If an answer is filed,' the case is to be heard 'as soon as practicable.' N.J.S.A. 2C:64-3(f). However, if there is a parallel 'criminal proceeding arising ... stay the forfeiture action until the criminal case is concluded. N.J.S.A. 2C:64-3(f).10 If the State obtains a conviction in ...

docket:	a1301-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-23
status:	published
citation:	454 N.J.Super. 445 186 A.3d 284
Document Size:	143784

4 IN THE MATTER OF THE REVOCATION OF EMANUEL BRICE'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 817

... him to litigate the matter in civil court pursuant to N.J.S.A. 2C:64-3. Petitioner posits that the court's order compelling him to ...

docket:	a0820-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-04
status:	Unpublished
citation:
Document Size:	36139

5 STATE OF NEW JERSEY v. TWO THOUSAND TWO HUNDRED NINETY-THREE DOLLARS -- rank: 811

... Division, Special Civil Part, seeking forfeiture of the monies. See N.J.S.A. 2C:64-3(a). The complaint alleged that the monies, along with eighty ... of the proceedings pending resolution of the criminal charges. See N.J.S.A. 2C:64-3(f). Baker was subsequently indicted and charged with third-degree ... filed in 2009. The State opposed the motion, relying upon N.J.S.A. 2C:64-3(j). 1 The prosecutor asserted that the monies were "on ... that the judge erred in applying the presumption contained in N.J.S.A. 2C:64-3(j), and that a remand is necessary for a trial ... also argues that the judge misapplied the presumption contained in N.J.S.A. 2C:64-3(j). We address that point to provide guidance in the ... N.J.S.A. 2C:64-1(a)(2)-(4). N.J.S.A. 2C:64-3 governs forfeiture actions involving derivative contraband . To forfeit derivative ...

docket:	a4929-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-24
status:	unpublished
citation:	436 N.J.Super. 497 95 A.3d 260
Document Size:	39230

6 State v. Roger Covil -- rank: 793

... s answer filed in a civil forfeiture action pursuant to N.J.S.A. 2C:64-3(d) should not be admitted in his or her criminal ... State v. Melendez, three provisions of the civil forfeiture statute -- N.J.S.A. 2C:64-3(d), -3(e), and -3(f) -- could operate to compel ... an answer filed in a civil forfeiture action pursuant to N.J.S.A. 2C:64-3(f) is inadmissible in the claimant’s criminal trial. Id ... indicted, the State filed a civil forfeiture action pursuant to N.J.S.A. 2C:64-3. In that action, the State sought forfeiture of the $71 ... at issue was associated with drug transactions. In accordance with N.J.S.A. 2C:64-3(c), the State served the summons and forfeiture complaint on ... contends that because a provision of the civil forfeiture statute, N.J.S.A. 2C:64-3(d), requires a claimant to answer a civil 32 ...

docket:	a-35-36-18
court:	NJ Supreme Court
decided:	2020-01-22
status:
citation:
Document Size:	73432

7 STATE OF NEW JERSEY v. AMBOY NATIONAL BANK ACCOUNT NUMBER XXX-XXXX-2 -- rank: 780

... the seizure violated the notice provision of the forfeiture statute, N.J.S.A. 2C:64-3(c), and therefore, the players' money should have been separated ... Seven Thousand Dollars , supra , 136 N.J. at 233 (citing N.J.S.A. 2C:64-3(a)), and prove a direct, causal connection between the seized ... II, claimants argue the State violated the notice provision of N.J.S.A. 2C:64-3 because it failed to provide notice to the players whose ... a property interest in the" property sought to be forfeited. N.J.S.A. 2C:64-3(c) (emphasis added). The persons known to have a property ...

docket:	a0703-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-26
status:	published
citation:	447 N.J.Super. 142 146 A.3d 188
Document Size:	63206

8 STATE OF NEW JERSEY v. DANIEL A. MEDINA -- rank: 765

... against the $2,747 it sought to be forfeited, see N.J.S.A. 2C:64-3(a); defendant and his girlfriend were notified of the action ... not timely file an answer, 'the property is forfeited' (citing N.J.S.A. 2C:64- 3(e))). In other words, the order to forfeit the $2 ...

docket:	a1390-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-11
status:	Unpublished
citation:
Document Size:	66262

9 STATE OF NEW JERSEY v. ONE RESIDENCE AND PROPERTY AT 289 SEAMAN STREET, NEW BRUNSWICK NEW JERSEY -- rank: 765

... money was utilized in the furtherance of unlawful activity. See N.J.S.A. 2C:64-3(j). The court also found that Fuqua did not produce ... FOR [THE] STATE'S EXCESSIVE DELAY IN SERVICE, CONTRARY TO N.J.S.A. 2C:64-3[(c)] AND R. 1:13- 7(d), CONSTITUTES AN ABUSE ... person known to have a property interest in the [contraband.]' N.J.S.A. 2C:64-3(a) and (c). When seeking forfeiture, the State is required ... the court rules concerning notice for an in rem action. N.J.S.A. 2C:64-3(c). The State must make service of process on the ...

docket:	a1253-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-23
status:	Unpublished
citation:
Document Size:	30364

10 STATE OF NEW JERSEY VS 1987 CHEVROLET CAMARO ET AL -- rank: 755

... to, conveyances intended to facilitate the perpetration of illegal acts . . . .      N.J.S.A. 2C:64-3 governs "Forfeiture Procedures" and contains the following provision:             a. Whenever ...

docket:	a5166-96
court:	njappellate
decided:	1998-01-07
status:	published
citation:	307 N.J.Super. 34
Document Size:	32238

11 /usr/local/share/www/libweb/collections/courts/appellate/a2713-18.opn.html -- rank: 744

... for forfeiture within ninety days of the seizure, pursuant to N.J.S.A. 2C:64-3(a). Alternatively, defendant contends that none of the seized property ... comply with the ninety-day filing deadline set forth in N.J.S.A. 2C:64-3. In reply, defendant now contends that he is entitled to ... but is not bound by the timeframe set forth in N.J.S.A. 2C:64- -3); State v. One Wrist Sling Shot, 230 N.J. Super ... Seven Thousand Dollars, 136 N.J. at 233; see also N.J.S.A. 2C:64- 3(a); Melendez, 240 N.J. at 279. In that action ... State has not instituted foreclosure proceedings for derivative contraband under N.J.S.A. 2C:64-3, a claimant who seeks the return of derivative contraband may ... that it did not file a forfeiture case pursuant to N.J.S.A. 2C:64-3.3 Through that procedure, the 3 As in Dragutsky, ...

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12 STATE OF NEW JERSEY v. NAHOMI COLLAZO -- rank: 726

... The seized cash was not prima facie contraband. Pursuant to N.J.S.A. 2C:64-3(a), whenever property other than prima facie contraband is subject ... known to have a property interest' in the articles seized. N.J.S.A. 2C:64-3(c). A person wishing to claim ownership of the seized ... action and assert the claimant's interest in the property. N.J.S.A. 2C:64-3(d). Forfeiture proceedings are considered 'quasi-criminal in nature.' State ... matter down for a summary hearing as soon as practicable.' N.J.S.A. 2C:64-3(f). If the owner of the property does not file ... of pursuant to N.J.S.A. 2C:64-6.' N.J.S.A. 2C:64-3(e). A three-year statute of limitations applies to claims ...

docket:	a1542-19
court:	NJ Superior Court Appellate Division
decided:	2022-11-18
status:	Unpublished
citation:
Document Size:	58044

13 IN THE MATTER OF RICHARD HUFTEN'S APPLICATION FOR A PERMIT TO CARRY A HANDGUN IN THE MATTER OF THE REVOCATION OF RICHARD HUFTEN'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 675

... Moreover, the State did not file a civil action under N.J.S.A. 2C:64-3 to forfeit Huften's firearms. Notably, N.J.S.A. 2C:64-3(b) requires that the forfeiture complaint be A-0473-20 ... verified and set forth the reasons for forfeiture. In turn, N.J.S.A. 2C:64- -3(c) requires that notice of the action be given to ...

docket:	a0473-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-11
status:	Unpublished
citation:
Document Size:	29520

14 William J. Brennan v. Bergen County Prosecutor’s Office -- rank: 659

... known to have a property interest in the article.” N.J.S.A. 2C:64-3(a) to (c). If contested, the matter is then aired in court. N.J.S.A. 2C:64-3(f). In addition, the Legislature generally requires government entities to ... known to have a property interest in the article.” N.J.S.A. 2C:64-3(a) to (c). If contested, the matter is then aired in court. N.J.S.A. 2C:64-3(f). In addition, the Legislature generally requires government entities to ...

docket:	a_62_16
court:	NJ Supreme Court
decided:	2018-05-23
status:
citation:
Document Size:	42089

15 JUDITH M. PERSICHILLI v. ATILIS GYM OF BELLMAWR -- rank: 659

... For example, in Melendez, the Court addressed the requirement of N.J.S.A. 2C:64-3(d) that a person who wishes to assert a claim ...

docket:	a3186-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	65019