Contempt and Violations Of Pre-Trial Release (Part 6)

by | May 8, 2019 | Blog, Legal Procedures, Monmouth County, New Jersey, Ocean County

The three-judge panel continued in relevant part: We also stated that contempt of court should not be superimposed as an additional remedy in a probation violation setting if the act that occasions the violation is not otherwise criminal. We concluded that when the Legislature expressly stated in N.J.S.A. 2C:45-3(a)(4) that the sanction for a violation of probation (other than for the inherent criminality of the act) would be a revocation of probation, it intended that a defendant would not be subject to a new indictment for contempt in addition to the punishment for the original offense.

We are convinced that defendants’ reliance upon Williams is misplaced. In Williams, the court held that a violation of probation could not be the basis of a criminal contempt charge because in the probation statute the Legislature had prescribed the sanctions the court may impose for violations, which may include “forfeiture of the defendant’s conditional exemption from punishment for the original crime” rather than additional punishment for the probation violation.

This reasoning does not apply to violations of a pretrial release order because the CJRA is not a substantive criminal enactment, and pretrial detention under the Act is not punishment. See United States v. Salerno, 481 U.S. 739, 746-48 (1987) (holding that federal BRA is a regulatory measure that does not provide for punishment). In N.J.S.A. 2A:162-24, the Legislature has prescribed the sanctions the court may apply to address a violation of a condition of release, but these sanctions do not include punishment.

In further support of their argument, defendants rely upon State ex. rel. S.S. (2005). In that case, a juvenile was adjudicated delinquent for contempt after she violated the court’s order, which required that she obey the rules of her home and school. Id. at 403-04. We reversed the adjudication of contempt. Id. at 416.

We noted that while N.J.S.A. 2C:29-9(a) appeared to apply literally to the juvenile’s conduct, applying the statute to the violation of the order to obey the rules of home and school would not be consistent with the overriding goal of the juvenile justice system, which is rehabilitation, not punishment. We held that while we understood that the court must have some means of enforcing orders involving juveniles who repeatedly run away from home or are chronically truant, a charge under N.J.S.A. 2C:29-9 is not the appropriate or intended means of enforcement.

The Court’s holding that the sanctions for violating pretrial release conditions are not punishments is not persuasive. “Sanction” and “punishment” are synonymous. Moreover, the sanctions include revocation of release and return to jail without the ability to post bail.

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
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
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
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Great location
John G
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad T
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
On time and on point. Very knowledgeable
Ron T
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome. Great lawyer. Highly recommend.
Bryan B
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F