Thread: NJ Supreme Court says bail can be higher for illegal immigra

NJ Supreme Court says bail can be higher for illegal immigrants
BY PEGGY WRIGHT • July 8, 2009


The state Supreme Court today ruled that county prosecutors may seek bail increases on illegal aliens charged with crimes who they believe face imminent deportation.


In a unanimous ruling by the state's highest court, the opinion sanctioned the actions of the Morris County Prosecutor's Office in January when it asked for, and received from a Superior Court judge, a bail increase from $75,000 to $300,000 for Manuel Fajardo-Santos.

Fajardo-Santos, an illegal alien from Honduras, was charged in August 2008 with molesting a child in Wharton. Bail was set at $75,000, and the complaint against him stated there was reason to believe he was here illegally. But it wasn't until Dec. 18 that the federal Immigration and Customs Enforcement lodged a detainer against him at the county jail, which indicated they wished to start deportation proceedings against him.

Fajardo-Santos posted $75,000 bail on Jan. 7 and was turned over to ICE on Jan. 12. The prosecutor's office learned then that his deportation appeared likely and imminent so it got a judge to increase bail to $300,000 so Fajardo-Santos could be returned to the jail. The office's concern was that the defendant, before he could stand trial or otherwise resolve the sexual assault charge, would be removed from the country.

The Supreme Court concluded that the lodging of a detainer ''marks a change in circumstances that can affect whether a defendant will fail to appear. Judges may therefore consider that development in deciding whether to modify bail.''

But the court cautioned that prosecutors must try -- before a defendant posts an original bail -- to seek a modification based upon an ICE detainer. If a timely request is not made, prosecutors must state their reasons, the court wrote.

''Otherwise, defendants may suffer a monetary loss that can and should be avoided,'' the court said.

After the bail increase in January, defense attorney Michael Fletcher appealed and an appellate court panel reversed the hike. It said the state was aware at Fajardo-Santos' arrest that he was a suspected illegal alien and the belated filing of an ICE detainer did not represent changed circumstances warranting an increase.

The Supreme Court heard a final appeal in April. The suspect, meanwhile, remains in the county jail and the court's order reinstates bail at $300,000.

Peggy Wright: pwright@gannett.com


http://www.dailyrecord.com/article/2009 ... /907080329

Smart move!

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