STATE OF NEW JERSEY VS. PETER K. PAUL (W-2019-000346-1507, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-0599-20T6)
Rule 3:26-2(c)(2) governs a defendant's motion to relax conditions of his or her pre-trial release under the Criminal Justice Reform Act. The Rule empowers the trial court to recalibrate a releasee's conditions upon a showing of "a material change in circumstance." The court holds that pre-trial discovery that has reduced the "weight of the evidence" against the defendant may constitute such changed circumstances. So may a defendant's compliance with restrictive conditions over an extended period, if such compliance coincides with another material change demonstrating that the defendant's pre-trial behavior may be adequately managed by less restrictive means than initially imposed. Because the trial court here did not review defendant's motion to relax his release conditions under Rule 3:26-2(c)(2), the court granted defendant's motion for leave to appeal, reversed the trial court's order denying relief, and remanded for reconsideration.
