LightFieldStudios/iStock/Getty Images Plus New Jersey is not known for being a friend to the Second Amendment or any civil liberties for that matter. Through much debated bail reforms over the years, those that get simple possession charges for not being in possession of an unobtainable CCW in the Garden State, have skirted mandatory pretrial incarceration. A newly introduced bill in New Jersey is scheduled to be heard on Monday, March 14 at 1:00 p.m. by the New Jersey Assembly Law and Public Safety Committee. The bill, A2426 seems to be well intentioned, but the way it’s written, would allow for draconian penalties for simple technical violations of the law. From the bill’s statement: This bill establishes a rebuttable presumption that a defendant subject to a mandatory prison term for a firearm-related crime pursuant to the “Graves Act” is to be detained prior to trial. P.L.1981, c.31, also known as the “Graves Act,” sets forth mandatory minimum terms of imprisonment for individuals convicted of certain crimes involving the use or possession of a firearm. Under P.L.2014, c.31, also known as the “Criminal Justice Reform Law,” criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Currently, there is a rebuttable presumption that a defendant who is charged with murder or a crime that subjects the defendant to an ordinary or extended term of life imprisonment is to be detained pending trial. This rebuttable presumption applies when a prosecutor makes a motion for the pretrial detention, and may be rebutted upon a showing of proof, by a preponderance of the evidence, in favor of the defendant. If […]
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