Bail reform a NJ success story: Friedman
New Jersey's historic pretrial reform efforts have been a success, relieving many hardships for poor people.
Bail reform a NJ success story: Friedman New Jersey's historic pretrial reform efforts have been a success, relieving many hardships for poor people. Check out this story on app.com: http://on.app.com/2FMthMu
Allison Friedman Published 12:29 p.m. ET March 19, 2018 | Updated 1:06 p.m. ET March 19, 2018
The near elimination of monetary bail signals a momentous racial and social justice victory for New Jersey.(Photo: Getty Images)
If you've never confronted the possibility of a prison sentence, it might be difficult to relate to those who have. You might not be able to imagine the burdens New Jersey's criminal justice system places on poor people, or how the state's historic pretrial reform efforts that went into effect last year have relieved many of those hardships.
As a state public defender working in Monmouth County, I routinely see how difficult life is for poor people, who each day work to overcome economic, social and bureaucratic obstacles to keep their families clothed, fed, and housed.
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For these people, the new pretrial justice system provides significant legal protections, most notably by essentially eliminating money bail in favor of a default of release. A risk-assessment tool now informs judges' independent decisions, giving my clients a much better chance of learning from mistakes, avoiding the predatory dynamics of the cash bail system and thriving in society.
Imagine, though, it's November 2016.
You are driving with the father of your young children when you are pulled over for a missing inspection sticker and overly tinted windows. The police detect the odor of marijuana and search your car. In the trunk, they find part of a joint — and a gun you recently took from a suicidal friend.
You are handcuffed and brought to Monmouth County Correctional Institution. You sit in jail for a week before your bail hearing, during which — by law — the fact that you're no danger to society cannot be considered. Bail is set at $100,000. You're not going home anytime soon.
In New Jersey, possession of a handgun is punishable by 5-10 years in prison, serving a minimum of 42 months in state prison, so a plea deal is sounding pretty good.
As your lawyer works to gain your freedom, you realize: This is no longer about innocence or guilt; it's about finding a way to get home to your 5-year-old and 2-year-old, who have been placed somewhere by the Department of Child Protection and Permanency.
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Months later, the prosecutor's office has investigated your story and decides to waive prison time, offering probation in exchange for a guilty plea. You've already lost your part-time job and apartment, but you'll be able to hug your children again.
You plead guilty, giving you a criminal record. You're unemployed, homeless and forced to rely on state services until you can get on your feet.
This did happen to my client. Thankfully though, it was 2017, so her life wasn't turned inside out.
Instead, she and her partner were released after three days in jail. Her kids spent a long weekend at grandma's. She kept her job, which she's now so good at that she's moved to full time. She spent Thanksgiving and Christmas at home with her family; I had the full opportunity to defend her; and the prosecutor had the time needed to consider granting a waiver of a prison sentence.
Four months later she was sentenced to one year of probation. A prosecutor on behalf of the state decided she didn't deserve to be imprisoned. Without pretrial justice reform, she would have waited in jail just to learn that fate.
New Jersey pretrial detention rates have fallen 20 percent since the bipartisan law took effect and 35 percent since January 2016, when prosecutors began clearing jails of such low-risk arrestees in anticipation of the new law.
If you think the above story was one of poor decisions and bad luck, perhaps you are correct. It's also a story of real-life moments, one of thousands of such incidents that occur in New Jersey every year, and one that shouldn't result in losing your home, kids and job before having a chance to make your case as a presumed-innocent defendant.
Another client, a 22-year-old mechanic with no criminal record, got into an altercation with his stepfather, a veteran and PTSD sufferer. My client grabbed a kitchen knife to keep the man at bay, and when they scuffled the stepfather was cut on his leg. My client's mother called 911 to get medical help, leading to his arrest and a felony charge.
In the cash-bail past, bail would have been set at up to $100,000. He would have sat in jail for months until likely taking a plea deal for time served. Instead, he's still a working mechanic.
Another 2017 client had a roommate selling drugs. When their apartment was raided she was also arrested.
Under the new legislation, a judge set my client free while the case was resolved and months later the charges against her were dropped.
There are about 325 public defenders in New Jersey, all with success stories of their own. We represent thousands of people, many of whom are good people who found themselves in unfortunate situations.
Pretrial justice reform aligns with our clients' wallets, but also with our state's morals and the goal of making communities stronger.
It is a success for New Jersey.
Allison Friedman is assistant deputy public defender in the Monmouth County Office of the Public Defender.
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