7:4-9. Changes in Conditions of Release for Defendants Charged on an Initial
Complaint-Warrant (CDR-2) on Disorderly Persons Offenses
(a) Monetary Bail Reductions. If a defendant is unable to post monetary bail,
the defendant shall have the monetary bail reviewed promptly and may file an
application with the court seeking a monetary bail reduction which shall be heard in an
expedited manner by a court with jurisdiction over the matter.
(b) Review of Conditions of Release. For defendants charged with a disorderly
persons offense on an initial Complaint-Warrant (CDR-2) and released pretrial, a judge
with jurisdiction over the matter may review the conditions of release on his or her own
motion, or upon motion by the prosecutor or the defendant, alleging that there has been
a material change in circumstance that necessitates a change in conditions. Upon a
finding that there has been a material change in circumstance that necessitates a
change in conditions, the judge may set new conditions of release.
(c) Violations of Conditions of Release. A judge may impose new conditions
of release, including monetary bail, when a defendant charged with a disorderly persons
offense and released on an initial Complaint-Warrant (CDR-2) violates a restraining
order or condition of release. These conditions should be the least restrictive condition
or combination of conditions that the court determines will reasonably assure the eligible
defendant’s appearance in court when required, protect the safety of any other person
or the community, or reasonably assure that the eligible defendant will not obstruct or
attempt to obstruct the criminal justice process.
(d) Motions for Pretrial Detention. All prosecutor motions for pretrial detention
must be made in Superior Court, in accordance with Rule 3:4A.
Note: Adopted August 30, 2016 to be effective January 1, 2017; caption amended and paragraphs (b)
and (c) amended November 14, 2016 to be effective January 1, 2017.
Complaint-Warrant (CDR-2) on Disorderly Persons Offenses
(a) Monetary Bail Reductions. If a defendant is unable to post monetary bail,
the defendant shall have the monetary bail reviewed promptly and may file an
application with the court seeking a monetary bail reduction which shall be heard in an
expedited manner by a court with jurisdiction over the matter.
(b) Review of Conditions of Release. For defendants charged with a disorderly
persons offense on an initial Complaint-Warrant (CDR-2) and released pretrial, a judge
with jurisdiction over the matter may review the conditions of release on his or her own
motion, or upon motion by the prosecutor or the defendant, alleging that there has been
a material change in circumstance that necessitates a change in conditions. Upon a
finding that there has been a material change in circumstance that necessitates a
change in conditions, the judge may set new conditions of release.
(c) Violations of Conditions of Release. A judge may impose new conditions
of release, including monetary bail, when a defendant charged with a disorderly persons
offense and released on an initial Complaint-Warrant (CDR-2) violates a restraining
order or condition of release. These conditions should be the least restrictive condition
or combination of conditions that the court determines will reasonably assure the eligible
defendant’s appearance in court when required, protect the safety of any other person
or the community, or reasonably assure that the eligible defendant will not obstruct or
attempt to obstruct the criminal justice process.
(d) Motions for Pretrial Detention. All prosecutor motions for pretrial detention
must be made in Superior Court, in accordance with Rule 3:4A.
Note: Adopted August 30, 2016 to be effective January 1, 2017; caption amended and paragraphs (b)
and (c) amended November 14, 2016 to be effective January 1, 2017.
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