Terms Used In New Jersey Statutes 2A:67-13

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
2A:67-13. Except as provided in N.J.S.2A:67-14, a person may prosecute a writ of habeas corpus, in accordance with this chapter, to inquire into the cause of the person’s imprisonment or restraint, if the person is:

a. committed, detained, confined, or restrained of liberty, within this State, for a criminal or supposed criminal matter;

b. in custody by virtue of civil process issued out of a court in this State;

c. committed, detained, confined, or restrained of liberty, within this State, under any pretense;

d. in confinement on a charge of a criminal offense, which is of a bailable nature, for the purpose of posting bail; or

e. confined in a psychiatric facility, for the purpose of determining whether the person is in need of commitment to treatment.

f. (Deleted by amendment, P.L.2013, c.103)

g. (Deleted by amendment, P.L.2013, c.103)

h. (Deleted by amendment, P.L.2013, c.103)

If sufficient cause appears, the complaint may be filed and the writ may be prosecuted by another on behalf of the person entitled to prosecute the writ.

amended 2013, c.103, s.11.