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STATE v. FAJARDO-SANTOS

A-82 September Term 2008

973 A.2d 933 (2009)

199 N.J. 520

STATE of New Jersey, Plaintiff-Appellant, v. Manuel A. FAJARDO-SANTOS, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 8, 2009.

Attorney(s) appearing for the Case

Joseph P. Connor, Jr., Deputy First Assistant Prosecutor, argued the cause for appellant (Robert A. Bianchi, Morris County Prosecutor, attorney).

Michael S. Fletcher, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Frank Muroski, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney).

Catherine A. Foddai, Senior Assistant Bergen County Prosecutor, submitted a brief on behalf of amicus curiae County Prosecutors Association of New Jersey (Paula T. Dow, Essex County Prosecutor, President, attorney; Ms. Foddai and John J. Scaliti, Senior Assistant Bergen County Prosecutors, of counsel and on the brief).

Chief Justice RABNER delivered the opinion of the Court.

The primary purpose in setting bail is to ensure a defendant's presence at trial. With that in mind, judges consider various factors before fixing a specific amount of bail. If the circumstances underlying that decision change, an increase or reduction in bail may be appropriate.

In this case, after bail was set for an undocumented immigrant in a criminal case, federal authorities lodged a detainer against...

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