AOC Establishes Procedures for Charges Involving Illegal Aliens – Directive 11-07

Late yesterday, the Administrative Director of the Courts released Directive 11-07 dealing with the procedures to be utilized by the police and the courts when a person suspected of being in the United States illegally has been charged with an indictable offense or drunk driving. This directive was issued in response to Attorney General Law Enforcement Directive 2007-003, which was in turn promulgated in response to execution-style, multiple homicides in Newark earlier this year.

Under the AOC Directive, law enforcement officials will provide the courts with stickers to be affixed to criminal complaints and drunk driving tickets. The stickers will relate to the court the reason for the officer’s belief that the defendant is not legally in the United States. The judge or judicial officer who sets initial bail may take this information into consideration, except for those cases involving drunk driving which must always be prepared on a summons.

Download a copy of Directive 11-07 with all sample forms.

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