New Jersey Section 2C:104-7 – Conditions of release; confinement

New Jersey’s Got This Law, 2C:104-7, About Bail Conditions

New Jersey’s got this law, 2C:104-7, that’s all about the conditions someone can be released from jail on while their case is pending. It’s an important one for anyone charged with a crime in NJ to understand, ’cause it can have a huge impact on their freedom.

Judges Can Slap Restrictions on Defendants Out on Bail

Now, when someone gets arrested, the judge has to decide whether to let them out on bail or keep them locked up. Bail is like a promise that you’ll come back to court when you’re supposed to. You or someone else puts up money, and if you don’t show up – boom, they keep the cash. Obvs, judges don’t wanna just let people accused of serious crimes wander around freely, so they can put conditions on your release to try to make sure you don’t get into more trouble before trial.

That’s where 2C:104-7 comes in. It gives the judge a bunch of options for restrictions they can slap on defendants as part of bail. Some are pretty standard, like having to check in with pretrial services or sticking to a curfew. Others can be real creative. Judges have a lot of leeway here, so the conditions really depend on the specific charges and the judge’s personality.

Ankle Monitors, Stay Away Orders, and More

One of the big ones is house arrest – yep, having to stay at home like you’re grounded as a kid! They might let you out for work or doctors appointments, but that’s it. Gotta stay locked down otherwise. Usually involves wearing an ankle monitor so they know if you sneak out. Not fun at all.

They can also say you can’t hang out with certain people. Like if you got arrested with your buddy, the judge might order you to stay away from each other. No more partying! This is a pretty common one for gang or drug charges, to try to limit bad influences.

For DUI cases, a classic is no driving whatsoever until the case is over. They’ll take your license away so you aren’t tempted. And if you need your car for work, too bad – the bus is your new best friend!

Get Creative or Get Locked Up

Judges can get very specific too, like no drinking at all, mandatory AA meetings, drug testing whenever the probation department wants, even stuff like obeying a curfew or house arrest rules for people you live with. Yeah, your whole family might end up on lockdown because of you!

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Now, if you don’t follow the rules, that’s bad news. The judge can revoke your bail and have you locked up again in a heartbeat. So those conditions aren’t just casual suggestions – they’re serious business. The judge can also change the terms whenever, so don’t assume you’re in the clear.

The tricky part is that 2C:104-7 gives the judge a lot of power but not much guidance. There’s no limit on what they can order you to do or not do. Heck, if the judge says you have to stand on your head 15 minutes every day while singing the national anthem, you better start stretching!

The conditions are supposed to be related to public safety and making sure you come back to court. But sometimes judges get a little overzealous. Like banning people from using the internet or attending religious services – that’s been ruled unconstitutional. Still, expect some creativity, especially if the judge thinks you’re a flight risk.

There’s also no time limit, so the conditions stay in effect for your whole case, even if it drags on. And violators can face new criminal charges for disobeying a court order. So while it’s meant to give people a chance to fight their case from the outside, 2C:104-7 can make your life, uh, interesting until it’s resolved.

Understand This Law Before Your Court Date

In the end, this law is the judge’s way of keeping control over defendants between arrest and trial. If you’re facing charges in New Jersey, understanding 2C:104-7 is critical, ’cause you may end up living under some very strict rules for months or even years before you get your day in court. Just hope you don’t end up with one of those judges who thinks making you wear a GPS ankle bracelet and keeping a 8pm curfew for a shoplifting charge is a good idea!