deraneyesq — 8 years ago
August 1st, 2017 – An Update on the Bail Reform Act
On August 1st, 2017, the Supreme Court of New Jersey, in an opinion by Chief Justice Stuart Rabner and joined by Justices LaVecchia, Albin, Patterson, Fernandez-Vina, Solomon, and Timpone, affirmed the opinion of the Appellate Division in the State of New Jersey v. Amed Ingram (A-56-16) (079079) (449 N.J. Super. 94 (App. Div. 2016) which held that a live witness is not mandatory at a detention hearing.
The decision of the Appellate Division discussed the following: “Defendant appealed from an order detaining him pretrial pursuant to the Bail Reform Act (the Act), N.J.S.A. 2A:162-15 to -26. The State presented the complaint-warrant, the affidavit of probable cause, the Preliminary Law Enforcement Incident Report and the Public Safety Assessment to establish probable cause for defendant’s arrest and grounds for detention. Collectively, the documents demonstrated that a firearm had been discharged, police officers personally observed defendant in possession of a gun and seized the weapon and spent shell casings. Pretrial Services recommended that defendant be detained, or released with the highest level monitoring, including electronic monitoring.
Defendant objected, arguing a live witness with knowledge of the incident sufficient to permit meaningful cross-examination was required. The judge overruled the objection, considered the State’s proffered evidence and entered the order of detention.
On appeal, defendant argued that permitting the State to establish probable cause by proffer and without calling a witness violated his due process rights and the Act. The Court disagreed and affirmed the detention order, finding that allowing the State to proceed by proffer did not violate due process or the Act. However, the court noted that at detention hearings under the Act, the judge retains discretion to reject the adequacy of the State’s proffer and compel production of a “live” witness. “
The decision of The Supreme Court of New Jersey affirming that decision discussed the following: “Criminal defendants in New Jersey facing pretrial detention under the state’s new bail system do not have an automatic right to confront witnesses at their hearings, the state Supreme Court ruled on Tuesday.
In a unanimous ruling, the court said a prosecutor’s proffer of a witness’s testimony will generally suffice if pretrial detention is being sought, although the justices took care to point out that a judge retains the discretion to require live testimony from a witness if he or she is dissatisfied with the state’s proffer.
In the case decided Tuesday, the court rejected arguments that defendants should have the right to cross-examine witnesses in pretrial detention hearings. Nothing in the new system, Rabner said, suggests that live witnesses are needed to determine whether a defendant should or should not face pretrial detention.”
To read more about the case or read the most recent opinion, click here.
