State of New Jersey v. C.W.
156 A.3d 1088
| N.J. Super. Ct. App. Div. | 2017Background
- Defendant C.W., age 20, was charged with attempted second-degree sexual assault of a child under 13 and third-degree endangering the welfare of a child based on two 2016 incidents involving a nearby minor.
- Pretrial Services generated low PSA scores for Failure-to-Appear (1) and New Criminal Activity (2) but recommended "Release Not Recommended; if released, weekly reporting + home detention/electronic monitoring."
- PSA/DMF did not numerically reflect defendant's juvenile history: prior adjudication for sexual offenses, two juvenile probation violations, three-year confinement at a juvenile facility, and a Tier 3 Megan's Law classification.
- The State moved for pretrial detention under the new Bail Reform Act (effective Jan 1, 2017); the trial court found probable cause but denied detention, releasing defendant on stringent conditions (home detention with EM), later tightened because the victim lived ~100 feet away.
- The trial court did not provide a detailed written explanation addressing why it departed from Pretrial Services' detention recommendation; the Appellate Division remanded for reconsideration, identifying gaps and legal questions under the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate appellate standard for detention rulings | Abuse of discretion review generally; de novo for legal errors | Same: trial court entitled to deference except on legal questions | Apply abuse of discretion review, with de novo review for legal errors or misapplications of law |
| Consideration of juvenile adjudications in detention analysis | Juvenile record is relevant and may be significant despite not appearing in PSA | Juvenile record should not be treated as equivalent to adult convictions; consider rehabilitative context | Juvenile adjudications are permissible factors; may be weighted less than adult convictions but can be especially significant |
| Weight of Megan's Law tier classification (RRAS Tier 3) | Tier classification, especially Tier 3, is probative of dangerousness and fits within statutory factors | Defense: tiering not dispositive; consider overall context and presumption of innocence | Megan's Law tiering is a material (though not dispositive) consideration under N.J.S.A. 2A:162-20(c)(1), particularly when charged offenses are sexual in nature |
| Pretrial Services detention recommendation effect under Rule 3:4A(b)(5) | Recommendation may be relied upon as prima facie evidence but does not create a conclusive presumption of detention | Defense: recommendation should not create a presumption against release | Recommendation may be treated as prima facie evidence to support detention but does not establish a mandatory or rebuttable presumption; court retains discretion |
Key Cases Cited
- State v. Sullivan, 169 N.J. 204 (N.J. 2001) (defining probable cause as a well-grounded suspicion)
- State v. Korecky, 169 N.J. 364 (N.J. 2001) (discussing bail's historical purpose and trial court discretion)
- United States v. O’Brien, 895 F.2d 810 (1st Cir. 1990) (endorsing an "independent" appellate review that affords deference to factual findings)
- State v. Hernandez, 170 N.J. 106 (N.J. 2001) (defining the clear-and-convincing evidence standard)