Posts Tagged ‘Bail Reform’
What is the New Assessment Process for Pretrial Detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new Bail Reform Act (the “Act”), which has been in effect since January 1, 2017, is now being analyzed by New Jersey Courts. Part of the Act is the new automated risk-assessment process in deciding whether pretrial detention is appropriate. The automated process gathers information about…
Read MoreWhat Does the Prosecutor have to Prove for Pretrial Detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new system in the Bail Reform Act favors pretrial release and monitoring as the presumptive approach and limits preventive detention to defendants who actually warrant it. Nonetheless, the trial court remains authorized, upon motion of a prosecutor, to order pretrial detention of a particular defendant when…
Read MorePretrial Detention Risk Assessment and Juvenile Records
14-2-2812 State v. C.W., N.J. Super. App. Div. (Sabatino, P.J.A.D.) (50pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey Appellate Division in which several issues under the new Bail Reform Act (the “Act”) were reviewed for the first time. Factual Circumstances In the case, a nineteen year…
Read MoreWhat Are My Rights to Evidence for a Pretrial Detention Hearing?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Recently the New Jersey Superior Court implemented the final part of the State’s Bail Reform Act N.J.S.A. 2A:162-15 to -26 since it went into effect on January 1, 2017 and approved by voters and the legislature over 2 years ago. Now, when some is arrested there is…
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