Police in Hoboken, New Jersey, charged two suspects with bail jumping and other offenses, per nj dot com. It all began when the cops went looking for a suspect with warrants at a public housing building. During the investigation, the cops searched the grounds of the residential facility in Hudson County. Eventually, the cops saw the suspect open an apartment door on the fifth floor after a visitor knocked. Therefore, the cops approached. But the suspect allegedly tried to prevent them from entering. Consequently, the cops forcibly entered the unit. In addition to filing charges against the original suspect and the visitor for bail jumping, the cops also pressed charges for heroin possession and cocaine possession. Read More
Previously I blogged about the New Jersey Bail Reform Act. The law favors pretrial release. But it also requires the court to analyze various factors. This post will set forth the factors the court must weigh in consideration for pretrial release of an eligible defendant.
Except as otherwise provided concerning a hearing on pretrial detention, the New Jersey Bail Reform Act requires a court to
make a pretrial release decision for an eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant’s commitment to jail. Read more
Recently I read about and listened to Gov. Chris Christie’s criticism of the bail bond industry in the context of New Jersey bail reform.1Like a politician, he conjured up a scapegoat by shining a spotlight on bail bondsmen while defending the Bail Reform Act. Indeed, Gov. Christie claimed, “The bail bonds community has made a fortune over the years predominantly on the backs of poor people in New Jersey.” Oh, really? Read more
Under what circumstances may the prosecutor file for pretrial detention?
- of the first or second degree enumerated under subsection d. of section 2 of N.J.S.A. 2c:43-7.2
- that subjects the eligible defendant to an ordinary or extended term of life imprisonment;
- if the eligible defendant’s criminal history reflects convictions for two or more offenses for either of the above categories;
- enumerated under paragraph (2) of subsection b. of section 2 of N.J.S.A. 2c:7-2 or crime involving human trafficking pursuant to section 1 of N.J.S.A. 2c:13-8 or N.J.S.A. 52:17B-237 et al. when the victim is a minor, or the crime of endangering the welfare of a child under N.J.S.A. 2c:24-4;
- enumerated under subsection c. of N.J.S.A. 2c:43-6;
- involving domestic violence as defined in subsection a. of section 3 of N.J.S.A. 2c:25-19; or
- for which the prosecutor believes there is a serious risk that:
- the eligible defendant will not appear in court as required;
- the eligible defendant will pose a danger to any other person or the community; or
- the eligible defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.
Previously I blogged about the Pretrial Detention Hearing Factors under the New Jersey Bail Reform Act. Although the policy of New Jersey’s criminal justice reform favors pretrial release, a prosecutor may move before the court for pretrial detention. In practical terms, a defendant ought not get his hopes up until the court orders the defendant released from custody. Indeed, the court could grant the State’s motion. Consequently, the State would lock up the defendant. If so, in addition to other obligations the court must also calculate speedy trial deadlines.1, 2
But the court may also exclude thirteen thirteen periods in calculating the time for a case to be indicted and tried.3 Read more
The Three Primary Goals of the New Jersey Bail Reform Act
Previously I blogged about the New Jersey Criminal Justice Reform and the Bail Reform Act, which took effect on January 1, 2017. Among other things, these legal developments favor, though not exclusively, the pretrial release of eligible defendants. But a prosecutor may file a motion for the court to permit the State to lock up the defendant before trial. Accordingly, the Bail Reform Act provides Pretrial Detention Hearing Factors for the court to consider.
In deciding whether to grant a prosecutor’s motion for pretrial detention, the court must find no amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions Read more
New Jersey Criminal Justice Reform
In November 2014, the People of New Jersey voted to amend the State Constitution with respect to bail in article I paragraph 11. In what I believe was a rare instance of actually listening to the Will of the People, the New Jersey legislature enacted the Bail Reform Act, N.J.S.A. 2A:162-15 to -26. Accordingly, New Jersey criminal justice reform took effect on January 1, 2017.