New Jersey § 2c:4-4

Full text of New Jersey New Jersey Statutes § 2c:4-4, with citation guidance and answers to common questions.

§ 2c:4-4.

a. No person who lacks capacity to understand the proceedings against him or to assist

in his own defense shall be tried, convicted or sentenced for the commission of an

offense so long as such incapacity endures. b. A person shall be considered mentally competent to stand trial on criminal charges

if the proofs shall establish: (1) That the defendant has the mental capacity to appreciate his presence in relation

to time, place and things; and (2) That his elementary mental processes are such that he comprehends: (a) That he is in a court of justice charged with a criminal offense; (b) That there is a judge on the bench; (c) That there is a prosecutor present who will try to convict him of a criminal charge; (d) That he has a lawyer who will undertake to defend him against that charge; (e) That he will be expected to tell to the best of his mental ability the facts surrounding

him at the time and place where the alleged violation was committed if he chooses

to testify and understands the right not to testify; (f) That there is or may be a jury present to pass upon evidence adduced as to guilt

or innocence of such charge or, that if he should choose to enter into plea negotiations

or to plead guilty, that he comprehend the consequences of a guilty plea and that

he be able to knowingly, intelligently, and voluntarily waive those rights which are

waived upon such entry of a guilty plea; and (g) That he has the ability to participate in an adequate presentation of his defense.

Frequently Asked Questions About New Jersey § 2c:4-4

What does New Jersey Statutes § 2c:4-4 cover?

Section 2c:4-4 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 2c:4-4?

A common citation format is "New Jersey Statutes § 2c:4-4" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 2c:4-4 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.