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.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      I am very appreciative of all of the time and effort Fred his given to my case. It was a pleasure having him help me. Fred always was there to answer any messages about questions or concerns. If there were any fears i had as as well, Fred is responsive and helped mitigate any anxiety I had regards to your legal matter. In terms of knowledge of the law, he can explain and elaborate everything perfectly in a manner anyone can understand so you aren't caught off guard by anything in your legal situation. Fred as your lawyer allows for transparency which is needed for you as a client because it allows you to properly fathom the situation at hand and allows Fred to help you understand realistic outcomes for your situation. As a client, that is what you want to see from your lawyer so they clearly have your best interests at hand. That is a great attribute Fred has. Lastly, Fred helped me get everything dropped. I would recommend Fred because hes personable, his expertise, his array of legal knowledge, his legal experience and background, and he contains attributes you need in a lawyer to get you the best outcome.
     Matthew F 
 
 
 
 
    I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
     John M 
 
 
 
 
    Even though I don’t drink (alcohol) much I like getting the emails of DUI checkpoints from Fred Sisto so I can avoid the inconvenience. The less contact with law enforcement the better.
     Dbaby329 
 
 
 
 
    Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
     Javier B 
 
 
 
 
    My charges were dismissed and he quickly got an expungement for me. He's worth way more than what I paid for.  I will always be grateful. He never missed a single call, text or email from me. He also keeps me informed of all checkpoints
     Bre D 
 
 
 
 
    The most important thing an attorney can do for their client is get results in the courtroom. Fred Sisto did this for me, and did so in such a professional and communicative manner that I would absolutely recommend him to anyone in New Jersey who is dealing with criminal charges. Fred was able get results when other attorneys did not. I definitely recommend speaking with him.
     Brian C 
 
 
 
 
    Great attorney, responded very quickly to our emails and calls. The office staff is attentive and knowledgeable as well. Over all a great experience. Highly recommend him.
     Alexandra L 
 
 
 
 
    Fred is the best! He is extremely professional and kept constant contact so I was always in the loop. My charges got dismissed and I couldn't be happier. Would highly recommend!
     Ryan T 
 
 
 
 
    Thank you !
     Billy F 
 
 
 
 
    Very knowledgeable within every aspect of the law. Highly recommend his talent for your criminal defense.
     Will S