Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new Bail Reform Act (the “Act”), which has been in effect since January 1, 2017, is now being analyzed by New Jersey Courts. Part of the Act is the new automated risk-assessment process in deciding whether pretrial detention is appropriate. The automated process gathers information about…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new system in the Bail Reform Act favors pretrial release and monitoring as the presumptive approach and limits preventive detention to defendants who actually warrant it. Nonetheless, the trial court remains authorized, upon motion of a prosecutor, to order pretrial detention of a particular defendant when…
14-2-2812 State v. C.W., N.J. Super. App. Div. (Sabatino, P.J.A.D.) (50pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey Appellate Division in which several issues under the new Bail Reform Act (the “Act”) were reviewed for the first time. Factual Circumstances In the case, a nineteen year…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A defendant’s juvenile record is not considered as part of the new automated risk-assessment as part of the Bail Reform Act (the “Act”). However, Section 20 of the Act broadly authorizes the trial court to consider a defendant’s “past conduct” as one of the many permissible factors…
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…