Search Rutgers Law Library N.J. Court Opinions

1 State v. Oscar Lopez-Carrera -- rank: 1000

... Second, the risk assessment tool and the statutory factors in N.J.S.A. 2A:162-20 focus on the behavior, characteristics, and history of each defendant. Third, N.J.S.A. 2A:162-20(c)(1) invites judges deciding whether to detain a defendant ... their past conduct, or other considerations the Legislature outlined. See N.J.S.A. 2A:162-20. To be clear, here the Court considers individuals who would ... assess whether a defendant presents a risk of non- appearance. N.J.S.A. 2A:162-20. A defendant’s family ties, length of residence in the ... See State v. Robinson, 229 N.J. 44, 54 (2017); N.J.S.A. 2A:162-20. The Act does not seek to detain defendants whose behavior ... the pretrial services program obtained using a risk assessment instrument . . . . [N.J.S.A. 2A:162-20.] Section 25 of the Act establishes a statewide Pretrial ...

docket:	a-8-9-20
court:	NJ Supreme Court
decided:	2021-03-30
status:
citation:
Document Size:	111694

2 State v. Habeeb Robinson -- rank: 897

... PSA) prepared under N.J.S.A. 2A:162-25. N.J.S.A. 2A:162-20. After the Legislature enacted the CJRA, the Court asked the ... assessment instrument under [ N.J.S.A. 2A:162-25]. [ N.J.S.A. 2A:162-20 (emphases added).] If a court orders a defendant detained pretrial ... on release after reviewing other relevant information as well. See N.J.S.A. 2A:162-20. Against that backdrop, we turn to the facts of this ... weight of the evidence, which the court may consider under N.J.S.A. 2A:162-20(b). Id. at 505-06. The panel also explained that ... the weight of the evidence.” Id. at 518 (citing N.J.S.A . 2A:162-20(a), (b)). We agreed to hear the State’s motion ... obstruct or attempt to obstruct the criminal justice process.” N.J.S.A. 2A:162-20. To make that assessment, the court may consider information ...

docket:	A-40-16
court:	NJ Supreme Court
decided:	2017-05-10
status:
citation:	229 N.J. 44 160 A.3d 1
Document Size:	184263

3 In the Matter of the Request to Release Certain Pretrial Detainees -- rank: 838

... other factors relevant to pretrial detention that are outlined in N.J.S.A. 2A:162-20. *Defendants who have been detained for at least six months ... other factors relevant to pretrial detention that are outlined in N.J.S.A. 2A:162-20. Defendants who have been detained for at least six months ... Other factors relevant to pretrial detention that are outlined in N.J.S.A. 2A:162-20. Section 20 lists various factors courts may take into account ... and seriousness of the offense will remain the same. See N.J.S.A. 2A:162-20(a). But other factors might have changed with the passage ... such as the strength of the State’s case. See N.J.S.A. 2A:162-20(b). It might be weaker if a witness is no ...

docket:	m-550-20
court:	NJ Supreme Court
decided:	2021-02-11
status:
citation:
Document Size:	58709

4 /usr/local/share/www/libweb/collections/courts/appellate/a3553-19.opn.html -- rank: 830

... 2). The judge considered and addressed the information detailed in N.J.S.A. 2A:162-20.1 1 N.J.S.A. 2A:162-20 provides that the court 'may take into account' the following ... a finding he presents a significant flight risk. 2 See N.J.S.A. 2A:162-20(a). Second, the court considered the parties' proffers and found ... in the officer's incident report, was 'very strong.' See N.J.S.A. 2A:162-20(b). The court explained the officer pursued defendant in a ... characteristics, his family and community ties, and his employment. See N.J.S.A. 2A:162-20(c)(1). The court noted defendant's prior criminal history ... offense while on probation for his prior drug conviction. See N.J.S.A. 2A:162-20(c)(2). Fifth, the court found defendant posed a ...

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Document Size:	45141

5 State v. Jonathan Mercedes -- rank: 823

... t]he release recommendation of the pretrial services program.” N.J.S.A. 2A:162-20(a) to (f). After an eligible defendant is arrested, a ... consider when they decide whether to detain a person. See N.J.S.A. 2A:162-20. The Court revises the second paragraph of Rule 3:4A ... may take into account information about the factors listed in N.J.S.A. 2A:162-20. 3 SUPREME COURT OF NEW JERSEY A- 6 September Term ... based on the sheer violence of the offense.” See N.J.S.A. 2A:162-20. Travis appealed, and the Appellate Division affirmed the order of ... pretrial services program obtained using a risk assessment instrument.” N.J.S.A. 2A:162-20(a) to (f). The statute specifically provides for the creation ... other relevant details. Robinson, 229 N.J. at 62 (citing N.J.S.A. 2A:162-20). When a court does not follow a recommendation, it ...

docket:	a_6_7_17
court:	NJ Supreme Court
decided:	2018-05-01
status:
citation:
Document Size:	82199

6 State v. S.N. -- rank: 793

... s characteristics as he stood before the court, pursuant to N.J.S.A. 2A:162-20, were as follows: he was fifty years of age; he ... judge highlighted facts that pertain “to every subcategory of N.J.S.A. 2A:162-20, which is merely a permissive list of factors a court ... will obstruct the criminal justice process; and the PSA recommendation. N.J.S.A. 2A:162-20. If the court orders pretrial detention, it shall “include ... CJRA, “the court may take into account” certain information. N.J.S.A. 2A:162-20 (emphasis added). If the court finds by clear and convincing ... that the court may consider in making a detention decision. N.J.S.A. 2A:162-20. As noted above, pursuant to N.J.S.A. 2A:162-20, the court may take into account various factors, including ...

docket:	a_60_16
court:	NJ Supreme Court
decided:	2018-01-30
status:
citation:
Document Size:	65889

7 State v. Amed Ingram -- rank: 761

... court may “take into account” a number of factors. N.J.S.A. 2A:162-20(a)-(f) . (pp. 10-13) 2. Section 19(e)(1 ... detention by . . . documentary evidence alone.” Id. at 115 (citing N.J.S.A. 2A:162-20(c)(1), -20(f), & -25). The panel also declined to ... obstruction the defendant poses, and the PSA’s release recommendation, N.J.S.A. 2A:162-20(a)-(f). IV. We begin with defendant’s argument that ... a defendant’s criminal history and record of court appearances, N.J.S.A. 2A:162-20(c)(1), as well as the recommendations in the PSA, N.J.S.A. 2A:162-20(f). If that information is compelling, a judge may find ... bear on detention -- risk of flight, danger, and obstruction. See N.J.S.A. 2A:162-20. In either case, a defendant seeks to test the ...

docket:	A-56-16
court:	NJ Supreme Court
decided:	2017-08-01
status:
citation:	230 N.J. 190 165 A.3d 797
Document Size:	124502

8 STATE OF NEW JERSEY v. HABEEB ROBINSON -- rank: 718

... affidavit in considering the weight of the State's evidence, N.J.S.A. 2A:162-20(a), and the defense cannot meaningfully respond to the application ... its decision, the court may consider certain information enumerated in N.J.S.A. 2A:162-20. A pretrial detention order must include "written findings of fact ... may take into account" the following information, set forth in N.J.S.A. 2A:162-20: �����a. The nature and circumstances of the offense charged; �����b ... circumstances of the offense and the weight of the evidence. N.J.S.A. 2A:162-20(a) and (b) specifically allow the court to consider those ... a detention application, even without holding a testimonial hearing. See N.J.S.A. 2A:162-20(a), (b). Further, there is nothing unusual about providing a ... A. 2A:4A-26.1(c)(2) and (3), with N.J.S.A. 2A:162-20. As explained by the Court, the waiver hearing is ...

docket:	a1891-16
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	published
citation:	448 N.J.Super. 501 154 A.3d 187
Document Size:	62243

9 State v. Shaquan Hyppolite -- rank: 703

... danger and obstruction the defendant presents, and Pretrial Services’ recommendation. N.J.S.A. 2A:162-20. At any time before trial, a defendant may apply to ... the initial hearing, such as the weight of the evidence, N.J.S.A. 2A:162-20(b), or how the defendant would have proffered other information ... into account all relevant factors that bear on detention, see N.J.S.A. 2A:162-20, including all exculpatory evidence disclosed before and after the initial ...

docket:	a-48-17
court:	NJ Supreme Court
decided:	2018-12-11
status:
citation:	236 N.J. 154 198 A.3d 952
Document Size:	54892

10 STATE OF NEW JERSEY v. CARLOS LOPEZ -- rank: 701

... of the danger to the community posed by his release. N.J.S.A. 2A:162-20(a)-(f). The orders releasing defendant are reversed. We do ...

docket:	a1566-20
court:	NJ Superior Court Appellate Division
decided:	2021-04-08
status:	Unpublished
citation:
Document Size:	26380

11 State v. Melvin T. Dickerson -- rank: 694

... weight of the evidence against the eligible defendant.” See N.J.S.A. 2A:162- 20(a) to (b). That statutory obligation cannot be fulfilled when ... court’s right to consider the factors set forth in N.J.S.A. 2A:162-20(a) to (f) pursuant to the CJRA. The trial court ...

docket:	a_1_17
court:	NJ Supreme Court
decided:	2018-02-05
status:
citation:
Document Size:	78950

12 State v. Leo C. Pinkston -- rank: 679

... Mercedes, ___ N.J. ___, ___ (2018) (slip op. at 14-15) (citing N.J.S.A. 2A:162-20(a) to (f)). (pp. 8-9) 2. The text of ... Mercedes, ___ N.J. at ___ (slip op. at 14-15) (citing N.J.S.A. 2A:162- 20(a) to (f)). 9 B. Defendant, the Public Defender, and ... of the offense and the weight of the evidence. See N.J.S.A. 2A:162-20(a), (b). The same would be true in cases of ... the risk of flight, and the risk of obstruction. See N.J.S.A. 2A:162-20(a), (b), (d), and (e). Those issues invite qualitative judgments ...

docket:	a_22_17
court:	NJ Supreme Court
decided:	2018-06-14
status:
citation:
Document Size:	46927

13 State v. Richard Gomes -- rank: 654

... or alcohol abuse, criminal history, and record concerning appearances.” N.J.S.A. 2A:162-20(c)(1). However, as we will discuss below, since the ... as a supposed public safety risk under the factors in N.J.S.A. 2A:162-20. This is especially important because in some instances, such a ...

docket:	a-64-65-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:
citation:
Document Size:	87794

14 STATE OF NEW JERSEY v. JULIAN SANDERS -- rank: 641

... of self-defense when the following factors set forth in N.J.S.A. 2A:162-20 weighed in favor of detention: (1) defendant is charged with ... the court properly considered all of the relevant factors in N.J.S.A. 2A:162-20, and self-defense related to two of those factors: the ... State proved detention is warranted by clear and convincing evidence. N.J.S.A. 2A:162-20 sets forth factors the court may consider in determining whether ... 16T6 f. The release recommendation of the pretrial services program[.] [N.J.S.A. 2A:162-20.] The court here recognized that it must consider the factors set forth in N.J.S.A. 2A:162-20 to reach its decision. Contrary to the State's position ... of the evidence, two factors the court properly considered under N.J.S.A. 2A:162-20. While the State faults the court for relying on ...

docket:	a4350-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-16
status:	unpublished
citation:
Document Size:	61132

15 STATE OF NEW JERSEY v. AMED INGRAM -- rank: 624

... State's proof as it relates to grounds for detention. N.J.S.A. 2A:162-20(f). Additionally, in reaching a decision on the grounds for ... s criminal history and "record concerning appearance at court proceedings." N.J.S.A. 2A:162-20(c)(1). That the State may prove grounds for detention ... example, "[t]he nature and circumstances of the offense charged." N.J.S.A. 2A:162-20(a). 14 Similarly, the Federal Act requires the government to ...

docket:	a1787-16
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	published
citation:	449 N.J.Super. 94 155 A.3d 597
Document Size:	83704