Convictions for drug offenses can result in significant penalties, and in many cases, people charged with drug-related crimes are denied pre-trial release or subject to strict pre-release conditions. In some instances, though, the conditions of pre-trial release can be modified and made less restrictive. In a recent ruling, a New Jersey court discussed the grounds for altering the conditions of pre-trial release in a case in which the defendant was charged with multiple drug crimes. If you are accused of committing drug offenses, it is prudent to speak to a skillful New Jersey criminal defense attorney promptly to assess your options.
The Defendant’s Pre-Trial Release and Conditions
Allegedly, the defendant was charged with multiple drug crimes in February 2019. His release was ordered on level 3+ pre-trial monitoring, which included home detention. With the State’s consent, the terms of his release were relaxed on three occasions. The defendant then filed a motion seeking a further modification, in that he sought to have the home detention condition to be removed entirely. His request was based on the fact that new developments in the investigation of his case revealed numerous weaknesses in the State’s case that were previously not evident. The State argued the developments did not weaken their case and objected to the requested modification. The trial court denied the defendant’s request, after which he appealed.
Motion to Relax Conditions of Pre-Trial Release
On appeal, the appellate court noted that the trial court incorrectly deemed the defendant’s request as one to reopen a detention hearing and evaluated it based on the standards that applied to that motion. Thus, the appellate court found that the trial court applied the incorrect rule and failed to consider relevant factors.