In State v. Paul an appellate panel ruled in favor of Defendant’s request for a relaxation of his pre-trial release conditions.
Rule 3:26-2(c)(2) governs a defendant’s motion to relax conditions of his or her pre-trial release under the Criminal Justice Reform Act. The Rule empowers the trial court to recalibrate a releasee’s conditions upon a showing of “a material change in circumstance.” The court holds that pre-trial discovery that has reduced the “weight of the evidence” against the defendant may constitute such changed circumstances. So may a defendant’s compliance with restrictive conditions over an extended period, if such compliance coincides with another material change demonstrating that the defendant’s pre-trial behavior may be adequately managed by less restrictive means than initially imposed.
Because the trial court here did not review defendant’s motion to relax his release conditions under Rule 3:26-2(c)(2), the court granted defendant’s motion for leave to appeal, reversed the trial court’s order denying relief, and remanded for reconsideration.
If you are being monitored on pre-trial release in Bergen, Essex, Hudson, Passaic, or Morris County, please do not hesitate to contact our office for a free-consultation regarding your rights during your time of monitoring by the criminal division.
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