6 Defendants Released Over Monmouth Prosecutor's Objections

FREEHOLD, NJ — Six people accused of crimes, including two accused of domestic violence, were released from jail over the objections of the Monmouth County Prosecutor's Office, under the first month of New Jersey's bail reform act, according to information released by the prosecutor's office this week.

The prosecutor's office released information on arrests and pretrial risk assessments under New Jerseu's bail reform that took effect Jan. 1. The prosecutor's office filed detention motions against 45 people since Jan. 1, with release not recommended for 36 of those arrested, the prosecutor's office said, with 21 of those fighting the prosecutor's recommendation, the prosecutor's office said.

"When a defendant contests the state’s motion for detention, the new law provides a defendant the right to a detention review hearing within five days of arrest," the prosecutor's office said.

Of the 21 defendants who contested detention motions, 15 were detained by the Monmouth County Superior Court, the prosecutor's office said.

Six were released pretrial on conditions by the court over objections from the prosecutor's office. Four had public safety assessment recommendations of “r5elease not recommended;” one had a PSA recommendation of weekly reporting and one had a PSA recommendation of weekly reporting plus electronic monitoring/home detention.”

Of the four defendants who with "release not recommended,” two were charged with domestic violence simple assault and criminal mischief, scoring a PSA of 6/6 with a new violent criminal activity flag, and a PSA of 2/3 with a NVCA flag respectively.

One defendant is charged with first-degree armed robbery, second degree possession of a handgun for an unlawful purpose, and second-degree unlawful possession of a handgun, scoring a PSA of 2/4 with a NVCA Flag, and one defendant is charged with first-degree armed robbery, second-degree aggravated assault, third- degree terroristic threats, first-degree employing a juvenile in commission of a crime, first-degree conspiracy to commit armed robbery, and third-degree attempted burglary, scoring a PSA of 2/4 with a NVCA Flag.

The defendant with the PSA recommendation of weekly reporting is charged with second-degree unlawful possession of a handgun and fourth-degree certain persons not to possess a firearm.

The defendant with the PSA recommendation of weekly reporting plus electronic monitoring/home detention is charged with fourth-degree contempt of a domestic violence restraining order.

A total of 302 arrests were made and 546 summonses issued across Monmouth County in the month since the bail reform act was instituted, the prosecutor's office said.

"This new law represents one of the most dramatic changes to our criminal justice system in many years," the prosecutor's office said. Under the new law, New Jersey shifted from a system that relied principally on monetary bail to a risk-based system that assesses a defendant’s risk of flight and dangerousness to the community. Additionally, defendants have a right to a speedy trial under the new law.

Of the 302 arrests, the Monmouth County Prosecutor’s Office filed 45 detention motions seeking to have those defendants detained pending trial. Of those 45 cases, 36 had pretrial risk assessment (PSA) recommendations of “release not recommended,” and 21 defendants contested the State’s motion for detention, seeking pretrial release.

"When a defendant contests the state’s motion for detention, the new law provides a defendant the right to a detention review hearing within five days of arrest," the Monmouth County prosecutor's office said.

Two detention motions filed by the prosecutor's office were later withdrawn, officials with the prosecutor's office said. Those defendants were released on bail conditions, the office said.

As of Feb. 10, there are 18 detention hearings pending, and two defendants have appealed detention decisions to the Appellate Division, the prosecutor's office said.

Four cases with detention motions were resolved via guilty pleas before the detention hearing occurred. Three defendants who were released pretrial have violated pretrial release conditions as a result of new arrests. In these three cases, the Office asked for increased conditions on pretrial release as a result of the new arrests, the prosecutor's office said.

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