Our firm is fully operational and working remotely in the midst of the Coronavirus impacting New Jersey. Please feel free to call us or contact us online for a free consultation with one of our lawyers.

What Evidence Does the Prosecutor Have to Provide at a New Jersey Bail Hearing?

Bail Hearing Defense Lawyer NJSince the New Jersey Criminal Justice Reform Act took effect on January 1st of this year, the courts have presented several significant questions that require further clarification. In the most recent development involving bail reform, the New Jersey Supreme Court delineated the specific evidence that prosecutors must provide to criminal defendants during detention hearings.

The overarching purpose of New Jersey bail reform was to replace the previous system, which prioritized money over the risk that a person posed to the community, when determining whether or not they should remain in custody. Now, courts use a risk-based bail system when deciding if a defendant should be detained while their case is in process. The important issue that the NJ Supreme Court just addressed involves the scope of discovery required during pretrial detention, meaning what does the State have to show if it is seeking to keep you in custody during trial proceedings?

The Details

The case that prompted this recent decision involved defendant Habeeb Robinson, who was arrested in Essex County earlier this year on homicide charges. The evidence against Mr. Robinson included eyewitness satements, a positive photo ID, and video from security cameras. During his pretrial detention hearing, prosecutors included the probable cause affivadit and preliminary law enforcement information report, but refused to provide witness statements, photos, and video evidence. After being taken up on appeal, the case finally reached the State’s highest court.

In its recent ruling, the New Jersey Supreme Court said that prosecutors must provide the defense with the criminal complaint; the affidavit of probable cause; the public safety assessment (PSA); the preliminary law enforcement information report (PLEIR); and “all statements and reports relating to the affidavit of probable cause” or “that relate to any additional evidence the State relies on to establish probable cause at the detention hearing.” These “statements and reports” include all reports held by the prosecutor, police, and other State officials. Notably, the discovery requirements do not include any form of video or audio evidence, including those produced by police body camera, dashboard camera, 9-1-1 recordings, surveillance camera, and cellphone recordings.

The decision in this case was not unanimous, as Justice Albin wrote a dissent. About the ruling, Justice Ablin wrote: “The result is that the prosecutor can withhold from the defense—and presumably the court—relevant and critical evidence that bears on whether there is probable cause to detain a defendant. This is true even if the State’s only evidence to support probable cause is the tape.”

The Takeaway

Obviously, the case has broad implications that extend far beyond this single defendant. It now sets a precedent that will affect similar cases moving forward. What is most important when you are facing criminal charges in New Jersey is having a knowledgeable and experienced criminal defense attorney who is very familiar with the legal process and can help you to successfully navigate it. There are a variety of stages when charges are filed against you. Depending on the degree of the charges, your case may start with a first appearance in Municipal Court or an arraignment in Superior Court.

As your case proceeds, there will be a variety of critical decisions during which you will need sound advice and aggressive advocacy. At The Tormey Law Firm, our New Jersey criminal defense lawyers concentrate solely on criminal and DWI defense so we can remain at the forefront of current case law in this area. Our passion for this area of practice and dedication to our clients allows us to develop highly effective defenses to deliver the best possible results. If you are facing criminal charges in New Jersey, contact us today at (201)-556-1570 to receive a free consultation about your case.

For additional information pertaining to this issue, access the following resource: In First Bail Reform Ruling, SCONJ Molds Discovery Rule

Testimonials

  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map