Judicial Discrimination

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A petition for relief against judicial discrimination

The new bail reform was indoctrinated to avoid unnecessary detention of individuals sitting in county jails on taxpayers dollars, that should be home on bail or in some type treatment facility. Especially for non-violent offenses revolving around substance abuse. Part of the problem with the old system is that individuals were being treated disparately because of race, financial status, criminal backgrounds, substance abuse problems, etc... Where bails were being applied to detain certain individuals while other individuals were allowed to return to society. There is a fellow friend of ours who is seeking help in an unjust matter that is tremendously affecting him, his children, family, and friends. Individuals such as yourself are also paying the price as well through mandated taxes to have him and several others sitting in pre-trial detention, which should not be according to the law. Mr. Schwartz is a perfect example of why the New Bail Reform was put into place. His Bail is set at $300,000 cash only for second and third degree drug allegations. The Eighth Amendment specifically states "excessive bails will not be required, nor excessive fines be imposed, nor cruel and unusual punishments inflicted." I went to Monmouth County Courthouse along with several others to support Mr. Schwartz at a bail motion hearing. We were hoping to have his bail reduced from $300,000 cash only, for him to be released on his own recognizance, or to something affordable within the guidelines of the allegations that are lodged against him, or at the very least for him to be given the opportunity to be released to a drug treatment facility. Mr. Schwartz was released from prison in August of 2012. However, May of 2014 he went on to graduate with honors from Union County College. He also remained gainfully employed off and on during the duration of his release.

Unfortunately, at some point Mr. Schwartz had an untimely relapse. which thwarted him off course of all he'd worked so hard for. This is something that any addict can and Will attest to the disease of addiction, that can show up at any time, any place, and anywhere.

Mr. Schwartz was arrested back in August of 2015, for second and third degree drug allegations, and he has been detained since then. What makes Mr. Schwartz situation an "eye opening," is the fact that he spent one year in South Woods State Prison due to these allegations for a parole violation. He went before the New Jersey State Parole Board, and they ultimately agreed that Mr. Schwartz was ready to return back into society, giving him another opportunity to prove himself. He was paroled on August 23. 2016, and then subsequently transferred to Monmouth County jail to deal with the charges that led to his parole violation. The parole board was quite aware of his past mistakes, and how his substances abuse may have impaired his judgments to once again find himself back into this very familiar predicament. However, they did not overlook all that he has accomplished while on parole, the efforts he put forth to try and break the vicious cycle of both his addiction and recidivism, which he has been caught up in the majority of his adult life. Despite the fact that he'd messed up again, while incarcerated he sought mental health options, and took advantage of any and all programs that would have the possibility of securing him a better opportunity of re-entry.

During the bail reduction proceeding the Judge rejected the plea of reducing his bail to something affordable, and also denied him the opportunity to be placed in a treatment facility. This was done after the Judge mentioned on the record, that Mr. Schwartz has a substance abuse disorder, and after viewing several certificates of program participation and completions. There were several letters from individuals in the community, along with Mental Health reports and letters continuing the steps Mr. Schwartz has been taking on his own initiative seeking rehabilitation.

I could not understand why his bail is so high when the Judge also mentioned that he has never jumped bail, and has always appeared to court at the times he was suppose to. There are no direct victims, for this is a victimless crime. It is not gang related, or an ongoing investigation, no induced deaths, or any elements of racketeering, or employing a juvenile. This was an isolated event by an addicted person who was sucked back into his addiction He has proven the ability to be pro-social, and a law abiding citizen with the proper help and support. . So we are reaching out for the support he needs to be the man we know he can be.

Please Sign this petition in hopes of helping a well deserving person. Thank You for your anticipated time, effort, and support!!!