Posts Tagged ‘pre-trial detention’
If You Are Incarcerated on Pretrial Conditions, It Is Always Important to Be Mindful of a Change in Circumstances That Could Warrant Release
State v. Paul Docket No.: A-0599-20T6 Decided November 24, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed the requirements to modify pretrial conditions based on a change in circumstances. In State v. Paul, Defendant was charged in a February 26, 2019 complaint warrant with first-degree…
Read MoreReopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances
State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court’s grant of defendant’s motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged…
Read MoreThe Constitutionality of a Pre-Trial Detention Based on Defendants’ Immigration Status
State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.…
Read MoreCan I get the Affidavit used to get a search warrant of my house?
State vs. Dickenson: Appellate Division July 5, 2017 Issue: Can I get the Affidavit used to get a search warrant of my house? How much discovery is the defendant entitled to at or before the pretrial detention hearing stage? Submitted by New Jersey Criminal Lawyer, Jeffrey Hary. In this case the defendant requested a copy…
Read More