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

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

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 and the N.J. Bail Reform Act

Under what circumstances may the prosecutor file for pretrial detention?

The State may file for the pretrial detention of an eligible defendant charged for any crime or offense:¹

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:
1. the eligible defendant will not appear in court as required;
2. the eligible defendant will pose a danger to any other person or the community; or
3. 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.

Speedy Trial, Excludible Time, and New Jersey Criminal Justice Reform

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

Pretrial Detention Hearing Factors

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 Bail Reform

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.

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.

NJ Law Enforcement Directive 2006-5 and Grand Jury Waiver

I blogged previously about NJ Law Enforcement Directive 2006-5 and it’s 2015 supplement (Directive).

Ordinarily it requires a grand jury to review use of force by law enforcement. The grand jury must determine whether the use of force was legally justified.

But recently internal governmental review without a grand jury presentation determined a New Jersey state trooper who shot a woman’s tire was justified, per the news. In this case, authorities decided not to convene a grand jury to review the officer’s use of force. Read more

New Jersey Attorney General Law Enforcement Directive 2006-5

It happens. Not often, not even occasionally, but sometimes it happens. Indeed, “rarely” best describes a grand jury decision not to indict. Accordingly, in a rare occurrence, a Union County grand jury did not indict a police officer for allegedly shooting a man who attacked him. This post will summarize the right to a Grand Jury indictment in the context of New Jersey Attorney General Law Enforcement Directive 2006-5.

Shortly after 7 p.m. on Sept. 20, 2016, an assailant with a two-foot knife threatened residents in Clark, NJ, per the news. He allegedly threatened an elderly woman walking her dog. Subsequently, he chased other residents who came to help her.
Read more

The Right To Be Left Alone v. Stop and Frisk

“Stop and Frisk” As National Policy?

State and federal law protect individuals from unreasonable government intrusion. Thus, “stop and frisk” is an exception to the law, not the general rule. The no-nonsense tough-talk appearance of a national stop and frisk policy might appeal to some people. But the right to be left alone is more important—and that’s no bull! It is the law. Consequently, judges, prosecutors, and defense lawyers take it seriously. Read more

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Category: Constitution of New Jersey

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

Bail Reform and Political Scapegoating

Pretrial Detention and the N.J. Bail Reform Act

Under what circumstances may the prosecutor file for pretrial detention?

Speedy Trial, Excludible Time, and New Jersey Criminal Justice Reform

Pretrial Detention Hearing Factors

The Three Primary Goals of the New Jersey Bail Reform Act

New Jersey Bail Reform

New Jersey Criminal Justice Reform

New Jersey Criminal Justice Reform

NJ Law Enforcement Directive 2006-5 and Grand Jury Waiver

New Jersey Attorney General Law Enforcement Directive 2006-5

The Right To Be Left Alone v. Stop and Frisk

“Stop and Frisk” As National Policy?