Modifying Pre-Trial

Release Conditions

*NOTE: The below should not be construed as a promise or guarantee of similar results. Results will vary depending on the particular facts and legal circumstances of each individual case.

State v. G.G. – Retired veteran and 81-year-old client with no prior criminal history was charged with 2nd degree possession of a handgun for an unlawful purpose and 3rd degree terroristic threats. The State alleged that during an argument with his wife of 60+ years, G.G. fired his gun in his wife’s direction, missing and hitting the wall. G.G. was allowed out of jail on pre-trial release, but was not allowed to have contact with his wife or return to their shared residence. Ms. Denholtz entered the case approximately 3 months later and learned that these release conditions were causing substantial anguish to both G.G. and his wife, as they were both in their 80’s, had never spent any substantial time apart from one another, and they relied on each other for support in their daily lives given their advanced ages. G.G. was also staying at a nursing home, in the interim, which he could no longer afford. Ms. Denholtz immediately filed a Motion to Modify Pre-Trial Release Conditions with the Court and explained these circumstances to the assigned Judge. Based on these arguments, the Court agreed to modify the pre-trial release conditions to allow G.G. and his wife to have contact and live together.  Ms. Denholtz ultimately got all charges against G.G. dismissed in their entirety.

State v. E.R. - Client was charged with 1st, 2nd, and 3rd degree drug offenses as part of a long-term investigation into the importation and distribution of cocaine from Puerto Rico to Dover, New Jersey. Client was charged with possession of CDS (cocaine), possession of cocaine with intent to distribute, and conspiracy to distribute cocaine. He was also charged with witness tampering and terroristic threats in a second complaint. The State filed a Motion to Revoke E.R.’s release because it believed E.R. was tampering with witnesses. Ms. Denholtz successfully fought this motion in court and this enabled the client to be out in the community on pre-trial release while his cases were pending, as opposed to having to sit at the jail until the resolution of his matter. Ms. Denholtz also filed a Motion to Modify Pre-Trial Release Conditions which was granted and gave client more privileges while out on pre-trial release. Ms. Denholtz ultimately negotiated a probationary plea offer that saved the client from going to State Prison.

State v. J.P. - Client with no prior criminal history was charged with aggravated assault by strangulation and terroristic threats for an incident that allegedly occurred between the client and his mother.  As a condition of pre-trial release, client was ordered not to return to the residence he shared with his mother.  After several months of staying in a hotel, the financial burden upon the client became too great.  Additionally, the alleged victim wanted the client to return to the residence.  Ms. Denholtz successfully drafted and argued a Motion to Modify Pre-Trial Release Conditions, showing the Court these issues and advocating for the client to be allowed to return to his mother’s residence.  The Court lifted the "no return” condition and the client was allowed to return to his mother’s residence.