Pretrial Detention and the N.J. Bail Reform Act

Under what circumstances may the prosecutor file for pretrial detention?

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

  1. of the first or second degree enumerated under subsection d. of section 2 of N.J.S.A. 2c:43-7.2
  2. that subjects the eligible defendant to an ordinary or extended term of life imprisonment;
  3. if the eligible defendant’s criminal history reflects convictions for two or more offenses for either of the above categories;
  4. 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;
  5. enumerated under subsection c. of N.J.S.A. 2c:43-6;
  6. involving domestic violence as defined in subsection a. of section 3 of N.J.S.A. 2c:25-19; or
  7. 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.

Read more

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

speedy trial, excludible time, new jersey bail reform act, criminal justice reform, N.J.S.A. 2A:162-22Previously 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

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