Contempt and Violations Of Pre-Trial Release (Part 7)

by | May 10, 2019 | Blog, Legal Procedures, Monmouth County, New Jersey, Ocean County

Judge Yannotti concluded in relevant part: The Supreme Court affirmed our judgment, substantially for the reasons stated in our opinion. The Court concluded that in view of the legislative goals of the criminal contempt statute and the State’s juvenile justice system, the trial court should not have subjected the juvenile to an adjudication of delinquency based on the conduct at issue.

Defendants’ reliance upon the decisions in S.S. is misplaced. Those decisions are based on an assessment of the Legislature’s purposes of the criminal contempt statute and the statutes governing the juvenile justice system. The reasoning does not apply to violations of pretrial release orders.

The goal of the criminal contempt statute is to promote compliance with judicial orders by punishing those who purposely or knowingly fail to comply with those orders. See N.J.S.A. 2C:29-9(a). The purpose of the CJRA, as stated in N.J.S.A. 2A:162-15, is to rely primarily upon pretrial release by non-monetary means to reasonably assure an eligible defendant’s appearance in court when required, the protection of the safety of any other person or the community, that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, and that the eligible defendant will comply with all conditions of release, while authorizing the court, upon motion of a prosecutor, to order pretrial detention of the eligible defendant when it finds clear and convincing evidence that no condition or combination of conditions can reasonably assure the effectuation of these goals.

Permitting the State to charge an eligible defendant with criminal contempt under N.J.S.A. 2C:29-9(a) based on a violation of a pretrial release order furthers the goals of the criminal contempt statute and the CJRA. A criminal contempt charge would provide the State with an additional means to address a violation of a condition in the pretrial release order. It would also deter defendants from violating conditions of release, thereby avoiding the potential revocation of release and detention pretrial.

The Court’s reasoning here could also apply to the juvenile S.S. that the panel distinguished because of the juvenile justice system’s primary goal of rehabilitation over deterrence. A contempt complaint against a juvenile could just as easily be the basis for the imposition of more rehabilitative measures.

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
My boyfriend used Fred Sisto twice and had nothing but positive results. Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case. I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
C
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
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
Google star 1Google star 2Google star 3Google star 4Google star 5
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
Google star 1Google star 2Google star 3Google star 4Google star 5
Excellent advice. Clam and accretive. Handled my case professionally and efficiently. Thank you for the great service. -D.
Danni K
Google star 1Google star 2Google star 3Google star 4Google star 5
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
Google star 1Google star 2Google star 3Google star 4Google star 5
Very professional, always available to answer any questions I had. Plus, I didn't lose my license all thanks to him. Great lawyer overall
David B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is knowledgeable and he has great working relationships with the courts. He HONESTLY is seeking the best deal for you he is not all about the money!! Thanks Fred you saved me BIG TIME!!
Casey B
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V