​Violations of Monitoring:  A defendant who is out on pre-trial release must abide by all of the standard conditions of pre-trial release, as well as the special conditions that apply to just his case.  If a defendant is released on pre-trial release conditions, and he or she fails to follow those conditions, then the Pre-Trial Services office will file a Violation of Monitoring with the Court.  N.J.S.A. 2A:162-24.  The defendant (through defense counsel) then must appear in Court to explain why the defendant failed to follow pre-trial release requirements.  The Court may choose to leave the pre-trial release conditions as is and issue a warning to the defendant, or the Court may increase the defendant's level of monitoring and add any other conditions the Court deems necessary to assure that future violations do not occur. 

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Motions to Revoke Release:  If the prosecutor believes that a defendant has violated any of his or her pre-trial release conditions, the prosecutor can file a Motion to Revoke Pre-Trial Release, which means the prosecutor is trying to detain the defendant in jail for the duration of the pending case.  N.J.S.A. 2A:162-24.  Once that motion is filed, the court will conduct a hearing where the defense will have an opportunity to explain any alleged violations of release conditions, and argue to continue pre-trial release.  At that hearing, the prosecutor would argue that because the defendant has failed to follow pre-trial release conditions, his or her pre-trial release should be revoked and the defendant should be remanded to the county jail pending the resolution of his or her case.  If the Court finds that this new information about release condition violations changes the calculus of risk, the Court may revoke the defendant’s release and detain the defendant in jail while the case is pending.  Once that motion is filed, the Court must decide whether the prosecutor has presented “by a preponderance of the evidence” (i.e., 51% or more) that the defendant violated his or her pre-trial release conditions.  The Court may revoke the defendant’s release and order pre-trial detention when, after considering all relevant circumstances, there is “clear and convincing evidence” that no conditions of release would reasonably assure the “Three Goals” of criminal justice reform (i.e., appearance in court, protection of others, and to prevent risk of obstruction).  See Court Rule 3:26-2(d)(2).

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Some examples of reasons for a Motion to Revoke Release:  being charged with new criminal offenses, alleged violations of restraining orders or “no contact” provisions, failure to report to pre-trial services appointments, failures to appear at court dates, etc.  The defense can argue that rather than revoke the defendant’s release, perhaps the release conditions can just be increased (for example: increase pre-trial monitoring from level 2 to level 3, or impose a curfew).

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Contact a New Jersey Lawyer for a Free Consultation

 

Violations of Monitoring and Motions to Revoke Release are also very complex and highly specialized.  If you or a loved one is facing such motions, it is crucial to hire an experienced criminal defense attorney. 

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At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.​​​​​​​​​​

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