Consideration for Pretrial Release, N.J.S.A. 2A:162-17

bail reform act, bail, consideration for pretrial release, njsa 2A-162-17, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerPreviously 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

Bail Reform and Political Scapegoating

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

Pretrial Detention Hearing Factors

The Three Primary Goals of the New Jersey Bail Reform Act

New Jersey, NJ, Bail Reform Act, State Constitution, Article I Paragraph 11, Pretrial Detention Hearing Factors, N.J.S.A. 2A:162-15, N.J.S.A. 2A:162-20, N.J.S.A. 2A:162-21, N.J.S.A. 2A:162-23, N.J.S.A. 2A:162-24Previously 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 Bail Reform

New Jersey Bail Reform, Fourth Amendment, Article 1 Paragraph 7, Article 1 Paragraphy 11, N.J.S.A. 2A:162-16(c), N.J.S.A. 2A:162-16(a); N.J.S.A. 2A:162-25, N.J.S.A. 2A:162-16(b)(1); N.J.S.A. 2A:162-17, N.J.S.A. 2A:162-18, -19, N.J.S.A. 2A:162-19(d), N.J.S.A. 2A:162-19(d)(2), N.J.S.A. 2A:162-19(e), N.J.S.A. 2A:162-19(e)(1)Previously I blogged about criminal justice reform in New Jersey. Notably, the People of New Jersey voted in 2014 to amend the State Constitution with respect to bail. Subsequently, the New Jersey legislature responded with criminal justice reforms as to bail and speedy trial. This post will explore some aspects of New Jersey Bail Reform.By way of this introduction, eligible defendant means a person for whom a complaint-warrant is issued for an initial charge involving an indictable offense or a disorderly persons offense unless otherwise provided under the New Jersey Bail Reform Act.

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New Jersey Criminal Justice Reform

New Jersey Criminal Justice Reform

new jersey criminal justice reform, bail reform, bail reform actIn 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.

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