“The Bail Reform Law expressly authorizes a court setting conditions of pretrial release to order the defendant to refrain from use of any narcotic drug or other controlled substance without a prescription by a licensed medical practitioner, and to undergo available...
Law Reform and Amendments
Bail Reform: Prosecutor’s Objection to The Defendant’s Release
“If the assistant prosecutor or deputy attorney general has reason to request that the defendant have no contact with the victim of the alleged offense, or no contact with any other witness(es) who may testify concerning the offense, the prosecutor shall object to...
Bail Reform: Preliminary Law Enforcement Incident Report
“A Preliminary Law Enforcement Incident Report prepared pursuant to this Directive is intended only to document basic information known to the officer preparing the report at the time of arrest that may be needed to establish probable cause and/or to inform the...
Bail Reform: Use of “Check-Off” Boxes
“The Preliminary Law Enforcement Incident Report should be designed so that it can be completed by police officers quickly and with minimal effort. To the greatest extent feasible, the electronic form should feature "check-off ' boxes to allow an officer quickly to...
Bail Reform: Selective Court Rules
“It is appropriate to develop a process by which police officers may quickly and easily prepare an electronic document that succinctly describes the relevant factual circumstances pertaining to the offense for which the defendant was arrested and the basis for the...
Bail Reform: Affidavit of Probable Cause
“The Division of Criminal Justice shall work with the AOC to develop and implement practices and procedures that allow an Affidavit of Probable Cause to be filed electronically through the eCDR system to support an application for a complaint-warrant and to supplement...
Bail Reform: Release Conditions
“When a complaint-warrant is issued pursuant to this Directive, the defendant shall be transported to the county jail as soon as practicable, considering the need to conduct investigative activities (e.g., interview of defendant, witness identification procedures...
Bail Reform: Live Scan Fingerprinting
“Except as otherwise expressly provided in this subsection, all of the provisions and presumptions set forth in Section 4 of this Directive shall apply to the prosecutor's determination whether to request the court to issue a complaint-warrant following the return of...
Bail Reform: Ineligible Defendants
“A grand jury will on occasion return an indictment against a defendant who was not arrested for the offense and therefore has not already been charged by complaint-warrant or complaint summons. These cases are referred to as "direct" indictments. Rule 3:25-4, as...
Bail Reform: Expunged Crimes
“In determining whether to overcome the presumption of issuing a complaint-summons pursuant to Section 4.3, a prosecutor or supervisory officer designated pursuant to subsection 3.3.2 may consider expunged records as part of the totality of relevant circumstances....
