When an individual is charged with a federal crime, whether by Complaint or Indictment, they are entitled to a Bail Hearing under Title 18 U.S.C. Section 3141 et seq. Under the relevant statute, a person may be released on a personal recognizance bond or unsecured appearance bond; on a condition or combination of conditions; or detained. The standard for the court is whether the person will appear for all proceedings and not be a danger to the community.
On May 2, 2017, the New Jersey Supreme Court beat back an attempt by prosecutors and a lower court judge to require a defendant to create and turn over evidence prior to trial over the defendant’s objection that doing so violated his right to remain silent. In State v. Tier, the Supreme Court clarified an issue that often causes a great deal of argument in the days leading up to criminal trials: the extent to which and in what form a defendant must provide the State with statements by witnesses who are expected to testify for the defense. In ruling for the defense, the Supreme Court provided criminal defendants with a valuable precedential opinion by which to combat overly-aggressive attempts by the State to shift the burden onto the defendant to produce evidence before trial.