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STATE v. WRIGHT

INDICTMENT 08-07-00162-S, SGJ577-08-26

980 A.2d 17 (2009)

410 N.J. Super. 142

STATE of New Jersey, Plaintiff, v. Jermaine WRIGHT, Defendant.

Superior Court of New Jersey, Law Division, Mercer County.

Approved for Publication April 30, 2009.

Attorney(s) appearing for the Case

Russell J. Curley, Deputy Attorney General, for plaintiff (Anne Milgram, Attorney General).

Robin Kay Lord, Trenton, for defendant.

OSTRER, J.S.C.

INTRODUCTION

In advance of a requested bail source hearing pursuant to N.J.S.A. 2A:162-13, this court concludes that the State bears the burden of persuasion. However, after the State makes a prima facie case that the bail the defendant has offered is inadequate to assure his appearance, the defendant bears the burden of producing evidence to the contrary. The State must prove that the bail is inadequate by a preponderance of...

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