Evidence at Detention Hearings: Part 5

by | Aug 30, 2017 | Blog, Criminal Law, Legal Procedures

The New Jersey Supreme Court draws guidance from precedent that interpreted a law similar to the CJRA. The traditional balancing test for due process claims does not require the State to present live testimony at every hearing. Pretrial detention significantly interferes with a defendant’s liberty interest, but extensive safeguards protect that critical interest. And to require the State to present a live witness at more than 10,000 detention hearings each year would impose significant additional fiscal and administrative burdens on the court system, law enforcement officers, the prosecution, and public defenders. The trial court has discretion to require direct testimony if it is dissatisfied with the State’s proffer. In those instances, the State must proceed reasonably promptly to avoid unduly prolonging a defendant’s detention while the hearing is pending.

The reasoning regarding “more than 10,000 detention hearings” is not persuasive. The great number of hearings is due to prosecutors statewide requesting these hearings very liberally, even when it is substantially certain that detention will not be granted. The New Jersey Supreme Court’s decision in Ingram effectively rewards prosecutors for being unreasonable in their requests. Moreover, it rewards the prosecutors’ wasting of judicial resources by reasoning that requiring live testimony at the detention hearings necessitated by the prosecutors would unduly expend additional judicial resources. The alternative that the New Jersey Supreme Court should have considered was sanctions for prosecutors who request frivolous detention hearings.

It would have been within the trial court’s discretion to require a witness here. The State did not establish probable cause for possession for an unlawful purpose, and the affidavit should contain sufficient information in the form of factual details, not legal conclusions, to explain how probable cause exists for each charge. Notwithstanding the New Jersey Supreme Court’s analysis regarding the State’s failure to establish probable cause at the detention hearing, the judgements of the trial court and Appellate Division were affirmed.

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