Archive

Archive for May, 2009

State Bears the Burden of Persuasion At Bail Source Hearing

May 5th, 2009

After both the New Jersey Supreme Court and the Criminal Practice Committee declined to allocate the burden of proof to either the State or the defendant during a bail source hearing pursuant to N.J.S.A. 2A:162-13(b) and Rule3:26-8(b), Superior Court Judge Mitchel E. Ostrer of Mercer County held that the State bears the burden of persuasion [...]