Criminal cases often time to resolve.  Sometimes, while the case is pending, circumstances change which may warrant seeking to have a Superior Court judge modify pre-trial release conditions.  For example, a defendant’s work schedule might change such that their pre-trial release condition of having a curfew might need to be adjusted.  Or maybe the alleged victim wants to have contact with the defendant, so the “no contact” pre-trial release condition should be changed to reflect the alleged victim’s wishes. 

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There are many different scenarios where a defendant’s life might change while a case is pending such that modification of his or her pre-trial release conditions is warranted.  Under those circumstances, Ms. Denholtz can file a Motion to Modify Pre-trial Release Conditions.  In many instances, Ms. Denholtz can explain the circumstances to the prosecutor and seek to get the prosecutor’s consent to modify pre-trial release conditions.  If the prosecutor does not agree, however, then Ms. Denholtz would argue to the Court why it should amend the defendant’s pre-trial release conditions. 

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Courts routinely hear such motions.  Additionally, the Court is bound by the standard that the pre-trial release conditions must be the least restrictive conditions necessary to assure the three goals of criminal justice reform (i.e., appearance in court, safety to the community/alleged victim, risk of obstruction).  If the circumstances have changed such that the conditions imposed are no longer the “least restrictive” means necessary to assure those goals, then the Court must hear this motion and might agree to modify pre-trial release conditions.  Ms. Denholtz would argue that there has been a material change in circumstances that justifies a change in pre-trial release conditions.  Rule 3:26-2.

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Ms. Denholtz has handled dozens of Motions to Modify Pre-Trial Release Conditions, many of which resulted in successfully modifying pre-trial release conditions for the client.  If you or someone you love is bound by pre-trial release conditions that need to be modified, you need a highly experienced and skilled attorney by your side. 

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Contact Denholtz Criminal Defense today for your FREE consultation with Ms. Denholtz.