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Home >> Dentention Hearings

August 26, 2017 by Fred Sisto

Evidence at Detention Hearings: Part 3

The New Jersey Supreme Court held that neither the statute’s plain language nor principles of due process require the State to present testimony from a live witness at every detention hearing. Instead, the State may proceed by proffer to try to satisfy its burden of proof and show that detention is warranted. Trial judges, however, […]

Filed Under: Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County Tagged With: Criminal Justice, Dentention Hearings, Evidence

August 24, 2017 by Fred Sisto

Evidence at Detention Hearings: Part 2

The trial court rejected defendant’s claims. The court first found that the State could proceed by proffer at a detention hearing. The court relied on the language and legislative history of the CJRA and also looked to federal law for support. The court noted as well that judges had discretion to order witness testimony. Next, […]

Filed Under: Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County Tagged With: Criminal Justice, Dentention Hearings, Evidence

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