Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Bail Reform: Confrontation Clause Issues

January 22, 2017 by Fred Sisto

Bail Reform: Confrontation Clause Issues

Fred Sisto Brick Lawyer“In deciding whether to seek pretrial detention, prosecutors will be expected to give substantial weight to the results of the objective pretrial risk-assessment process approved by the AOC pursuant to N.J.S.A. 2A:162-25(c). However, as noted throughout this Directive, the pretrial risk-assessment process approved by the AOC does not account for all facts and circumstances that may have a material bearing on the risks posed by a defendant’s release pending trial.

See note 8 (noting that some provisions of this Directive establish grounds for invoking a presumption that are independent of the automated pretrial risk-assessment results). A prosecutor, therefore, should consider any additional relevant information that may be reasonably available, see subsections 4.2.2 to 4.2.5 and Section 7.6, provided, however, that the prosecutor shall not rely on any such additional information as the basis for deciding to overcome the presumption against pretrial detention pursuant to this Directive unless the prosecutor is prepared to establish that fact or circumstance at a detention hearing. The Bail Reform Law expressly provides that “[t]he rules concerning the admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the [detention] hearing.” N.J.S.A .2A:162- 19(e)(1). Accordingly, a prosecutor may rely upon and present, for example, hearsay evidence to establish the legal basis for a pretrial detention order.”

It will be interesting to see how judges construe this constitutionally-suspect provision of the Bail Reform statute. It presents obvious Confrontation Clause issues to the extent it permits pretrial detention based on hearsay evidence that is not tested by cross-examination. At a minimum, single hearsay (as opposed to multiple levels of hearsay) in the form of live testimony should be required and the hearsay should bear objective indicia of reliability. Otherwise, law enforcement will  have no motivation to refrain from making inflammatory and baseless accusations as a means to achieve pretrial detention and/or onerous bail conditions. Note that both detention and onerous conditions make law enforcement’s job easier at the expense of the tax-paying citizenry.

Filed Under: Blog, Criminal Law, Law Reform and Amendments

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Marijuana and Diversionary Programs (Part 4)
  • Marijuana and Diversionary Programs (Part 3)
  • Marijuana and Diversionary Programs (Part 2)
  • Marijuana and Diversionary Programs (Part 1)
  • Jurisdiction and Subsequent Prosecutions (Part 2)
  • Jurisdiction and Subsequent Prosecutions (Part 1)
  • Statutes of Limitations and DNA Evidence (Part 3)
  • Statutes of Limitations and DNA Evidence (Part 2)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish