New Jersey § 2c:1-10

§ 2c:1-10.

A prosecution of a defendant for a violation of a different provision of the statutes

or based on different facts than a former prosecution is barred by such former prosecution

under the following circumstances: a. The former prosecution resulted in an acquittal or in a conviction as defined in section 2C:1-9 and the subsequent prosecution is for: (1) Any offense of which the defendant could have been convicted on the first prosecution;

or (2) Any offense for which the defendant should have been tried on the first prosecution

under section 2C:1-8 unless the court ordered a separate trial of the charge of such offense; or (3) The same conduct, unless (a) the offense of which the defendant was formerly convicted

or acquitted and the offense for which he is subsequently prosecuted each requires

proof of a fact not required by the other and the law defining each of such offenses

is intended to prevent a substantially different harm or evil, or (b) the second offense

was not consummated when the former trial began. b. The former prosecution was terminated, after the complaint was filed or the indictment

found, by an acquittal or by a final order or judgment for the defendant which has

not been set aside, reversed or vacated and which acquittal, final order or judgment

necessarily required a determination inconsistent with a fact which must be established

for conviction of the second offense. c. The former prosecution was improperly terminated, as improper termination is defined

in section 2C:1-9 , and the subsequent prosecution is for an offense of which the defendant could have

been convicted had the former prosecution not been improperly terminated. d. Nothing in this section shall bar the disposition of a nonindictable complaint

after disposition of an indictable offense except as required by the Federal and State

constitutions.