Bail Reform: New Allegation After A Complaint-Warrant

by | Feb 15, 2017 | Blog, Criminal Law, Law Reform and Amendments

Fred Sisto Brick Lawyer“In any case not otherwise covered under Section 8.3, except as authorized pursuant to subsection 8.4.5, where there is probable cause to believe that a defendant has committed a first- or second-degree crime while on release for any offense charged by a complaint-warrant, the prosecutor shall presumptively  file a motion seeking revocation  of release pursuant to N.J.S.A.   2A:162-24.

In any case not otherwise covered under Section 8.3, except as authorized pursuant to subsection 8.4.5, where there is probable cause to believe that a defendant has committed any indictable crime while on release for a first- or second-degree crime charged by complaint-warrant, the prosecutor shall presumptively file a motion seeking revocation of release pursuant to N.J.S.A. 2A:162-24.

In any case not otherwise covered under Section 8.3, except as authorized pursuant to subsection 8.4.5, where a defendant has been released for an offense involving domestic violence charged by a complaint-warrant and there is probable cause to believe that (1) the defendant has violated a restraining order issued pursuant to the Prevention of Domestic Violence Act or an imposed release condition under the Bail Reform Law and (2) has caused or threatened to cause bodily injury to any person protected by the order or condition of release, the prosecutor shall presumptively file a motion  seeking revocation of release pursuant  to N.J.S.A.  2A:162-24.

In any case not otherwise covered under Section 8.3, except as authorized pursuant to subsection 8.4.5,where a defendant has been released for an offense involving sexual assault charged by a complaint-warrant and there is probable cause to believe that (1) the defendant has violated an order issued pursuant to the Sexual Assault Survivor Protection Act, N.J.S.A. 2C:14- 13 to -21, and (2) has committed or threatened to commit an act of sexual contact or sexual penetration against any person protected by the restraining order or otherwise caused or threatened to cause bodily injury to any person protected by the restraining order, the prosecutor shall presumptively file a motion seeking revocation  of release  pursuant  to N.J.S.A.  2A: 162-24.”

The importance of the initial decision to release on a summons or a complaint-warrant is highlighted by these presumptions. None of the presumptions apply in the case of a new allegation after a summons, whereas all of them apply in the case of a new allegation after a complaint-warrant.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
I got my life back together because of this man he is quick,strategic,and will get you threw almost any criminal matter.When things are looking rough legal wise he will fight for you…FRED SISTO THE WAY TO GO!!!
Byron P
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto provides outstanding support and guidance, he is absolutely very quick to respond to your initial inquiry and stands by you throughout your legal circumstances. I highly recommend Mr. Sisto to assist you in your time of need! You will truly be thankful you used his expertise and services!
Ej W
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Estoy realmente satisfecho con el excelente trabajo que hizo el abogo en mi caso de DIU. Agradecido por que el caso fue un éxito, ya que además tiene mucho conocimiento en estos casos y no dudo que en otros casos también. Lo recomiendo totalmente.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
Antes que todo le doy las gracias señor Frederick P Sisto por representarme legalmente es usted un excelente abogado que habla con la verdad desde el principio es usted un abogado profesional que que sabe bien lo que hace ante los juzgados sin importar mi estatus legal en este país me represento con respeto y sobre todo muy profesionalmente y pudo hacer q bajaran mi delito de segundo grado a tercer grado y lo mejor que no permitió que me dieran tempo en carcel mi familia y yo estamos muy agradecidos con usted Puedo recomendar al señor abogado Frederick P Sisto como un excelente abogado y sin duda COMO UNO DE LOS MEJORES DEL ESTADO DE NEW JERSEY First of all I thank you Mister Frederick P Sisto for representing me legally you're an excellent lawyer who speaks to the truth from the beginning you are a professional lawyer who knows well what you do before the courts regardless of my legal status in this P Country I represent with respect and especially very professionally and could make Q lower my second-degree offense to third grade and the best I did not allow me to give tempo in jail my family and I are very grateful to you I can recommend Mr. Freder Attorney Ick P Sisto as an excellent lawyer and certainly as one of the best in the state of NEW JERSEY
Raul F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely knowledgeable and so helpful. I would recommend him to anyone. He really goes above and beyond. He cares about his work and his clients.
Kevin M
Google star 1Google star 2Google star 3Google star 4Google star 5
I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
Google star 1Google star 2Google star 3Google star 4Google star 5
I highly recommend attorney Fred Sisto. As an attorney myself, I have the highest confidence in his knowledge and determination to protect and defend the rights of his clients. On top of that, his responsiveness and customer service are second to none. If you find yourself needing an attorney, trust me, YOU WANT THIS GUY IN YOUR CORNER!!
Chris O
Google star 1Google star 2Google star 3Google star 4Google star 5
Very dedicated lawyer. Highly recommend he communicates very well with you. If you have any doubts he’s always there to answer my questions or concerns. Super nice and understanding, definitely deserves 5- stars in my book .
Hirma O