A week after being charged with second degree robbery, N.J.S.A. 2C:15-1(a)(1), defendant McCray, pursuant to the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 et. seq., was released subject to several non-monetary conditions, including that he not commit any offenses while out on bail. Four months later he was arrested and charged with stealing a wallet out of a stroller and using the victim’s credit card to make fraudulent purchases.  He was subsequently indicted not only for the theft and fraud offenses, but also for fourth degree contempt, N.J.S.A. 2C:29-9(a), for violating the court’s pretrial release condition.

In another case, after being charged with several drug offenses, defendant Gabourel, pursuant to the bail reform act, was similarly released subject to certain non-monetary conditions, including compliance with a 6 p.m. to 6 a.m. curfew. Two weeks later he was seen on the street at 8 p.m. and found to be in possession of Percocet. In addition to being indicted for illegal possession of the Percocet, N.J.S.A. 2C:35-10.5(a)(1), he was also charged with fourth degree contempt, N.J.S.A. 2C:29-9(a), for violating the court’s curfew condition.

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