Bail Reform: New Allegation After A Complaint-Warrant

by Fred Sisto | 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.

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