State v. Peace, 305 A.2d 410 (N.J. 1973). · Go Syfert
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State v. Peace, 305 A.2d 410 (N.J. 1973). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …intangible element of injury to the public interest in almost any case where a defendant deliberately fails to make an appearance at p. 129 ✓
cited 2× by 2 distinct cases, last quoted 2005 · …intangible element of injury to the public interest in almost any case where a defendant deliberately fails to make an appearance in a criminal case. ✓
cited 2× by 1 distinct case, last quoted 2001 · …so wide of the mark as to require its modification by this court. ✓
93 citation events (65 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. Ramirez (njsuperctappdiv, 2005-06-20)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
examined Cited as authority (quoted) State v. Ramirez (2×)
N.J. Super. Ct. App. Div. · 2005 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the matter of remission lies essentially in judicial discretion
discussed Cited as authority (rule) ABC BAIL BONDS, INC. VS. GLENN A. GRANT (C-000075-17, MERCER COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
State v. Peace, 63 N.J. 127, 129 (1973) (adopting the factors outlined by Hyers, and adding the "intangible element of injury to the public interest in almost any case where a defendant deliberately fails to make an appearance" should also be considered).
cited Cited as authority (rule) STATE OF NEW JERSEY VS. MIGUEL Y. TINEO-PAULINO (09-01-0178, MONMOUTH COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2017 · confidence medium
"The matter of remission lies essentially in judicial discretion." State v. Peace, 63 N.J. 127, 129 (1973).
discussed Cited as authority (rule) State of New Jersey v. Cesar Mungia and U.S. Speciality
N.J. Super. Ct. App. Div. · 2016 · confidence medium
The "decision to remit [forfeited bail] and the amount of remission lies essentially in the discretion of the trial court." State v. Ventura, 196 N.J. 203, 213 (2008) (citing State v. Peace, 63 N.J. 127, 129 (1973)).
cited Cited as authority (rule) Commonwealth v. Hann
Pa. · 2013 · confidence medium
State v. Peace, 63 N.J. 127 , 305 A.2d 410, 411-12 (1973) (per curiam).
cited Cited as authority (rule) State v. Childs
N.J. Super. Ct. App. Div. · 1986 · confidence medium
State v. Peace, 63 N.J. 127, 129 (1973).
cited Cited as authority (rule) State v. Erickson
N.J. Super. Ct. App. Div. · 1977 · confidence medium
R. 3:26-6(c); State v. Peace, 63 N.J. 127, 129 (1973).
discussed Cited as authority (rule) State v. Singletary
N.J. Super. Ct. App. Div. · 1977 · confidence medium
State v. Peace, 63 N.J. 127, 129 (1973) approved the foregoing approach and added another factor, to wit: (5) "The intangible element of injury to the public interest in almost any case where a defendant deliberately fails to make an appearance in a criminal case." To the foregoing may be added another requirement, at least where the surety is the applicant, viz: (6) The exhaustion by the surety of available legal remedies.
cited Cited as authority (rule) State v. Fields
N.J. Super. Ct. App. Div. · 1975 · confidence medium
Super. 177, 180 (App. Div. 1973); State v. Peace, 63 N.J. 127, 129 (1973).
discussed Cited "see" STATE OF NEW JERSEY VS. BASSIL E. BASSIL(14-02-0244, BERGEN COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2017 · signal: see · confidence high
Pursuant to Rule 3:26-6(b), the court may set aside a forfeiture of bail "in whole or in part, if its enforcement is not required in the interest of justice upon such conditions as it imposes." R. 3:26-6(b) (emphasis added); see State v. Peace, 63 N.J. 127, 129 (1973).
cited Cited "see" STATE OF NEW JERSEY VS. TARA BLAIR STATE OF NEW JERSEY VS. FRANK PARISI(13-11-2976 AND 14-10-2824, OCEAN COUNTY AND STATEWIDE)(CONSOLIDATED)
N.J. Super. Ct. App. Div. · 2017 · signal: see · confidence high
See State v. Peace, 63 N.J. 127, 129 (1973); State v. Ruccatano, 388 N.J.
discussed Cited "see" State v. Spivey (2×)
N.J. · 2004 · signal: see · confidence high
See State v. Carey, 168 N.J. 413, 430-31 , 775 A.2d 495, 505-06 (2001) (applying abuse of discretion standard to review trial court’s decision to impose consecutive sentences, and finding that sentence was not “ ‘so wide of the mark as to require its modification by this Court’ ”) (quoting State v. Peace, 63 N.J. 127, 129 , 305 A.2d 410, 412 (1973)).
cited Cited "see" State v. Mieles
N.J. Super. Ct. App. Div. · 1985 · signal: see · confidence high
See State v. Peace, 63 N.J. 127, 129 (1973).
cited Cited "see" State v. Causey
N.J. Super. Ct. App. Div. · 1983 · signal: see · confidence high
See State v. Peace, 63 N.J. 127, 129 (1973); State v. Hyers, 122 N.J.Super. 177, 180 (App.Div.), rev’d on other grounds 126 N.J.Super. 259 (App.Div.1973).
cited Cited "see" In Re Midland Insurance Company
N.J. Super. Ct. App. Div. · 1979 · signal: see · confidence high
See State v. Peace, 63 N.J. 127, 129 (1973).
cited Cited "see" State v. Singletary
N.J. Super. Ct. App. Div. · 1979 · signal: see · confidence high
See State v. Peace, 63 N.J. 127 (1973); State v. Fields, 137 N.J.
cited Cited "see" State v. Rice
N.J. Super. Ct. App. Div. · 1975 · signal: see · confidence high
See State v. Peace, 63 N.J. 127 (1973); State v. Hyers, 122 N.J.
discussed Cited "see, e.g." STATE OF NEW JERSEY VS. FRANCISCO CARDOSO (CAMDEN COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2017 · signal: see also · confidence medium
Rule 3:26-6 regulates bail forfeiture, the setting aside of a forfeiture and remission.3 "[A] forfeiture may be vacated, 'in whole or in part, if its enforcement is not required in the interest of justice upon such conditions as [the court] imposes.'" State v. Ventura, 196 N.J. 203, 213 (2008) (quoting R. 3:26-6(b)); see also State v. Peace, 63 N.J. 127, 129 (1973).
discussed Cited "see, e.g." State v. Harmon (2×)
N.J. Super. Ct. App. Div. · 2003 · signal: see, e.g. · confidence low
See, e.g., State v. Peace, 63 N.J. 127, 129 , 305 A. 2d 410 (1973); State v. de la Hoya, supra, 359 N.J.Super. at 198 , 819 A. 2d 467 .
discussed Cited "see, e.g." State v. Clayton (2×)
N.J. Super. Ct. App. Div. · 2003 · signal: see, e.g. · confidence low
See, e.g., State v. Peace, 63 N.J. 127, 129 , 305 A. 2d 410 (1973); State v. de la Hoya, supra, 359 N.J.Super. at 198 , 819 A. 2d 467 .
discussed Cited "see, e.g." State v. de la Hoya (2×)
N.J. Super. Ct. App. Div. · 2003 · signal: see, e.g. · confidence low
See, e.g., State v. Peace, 63 N.J. 127, 129 , 305 A.2d 410 (1973); State v. Mercado, 329 N.J.Super. 265, 271 , 747 A.2d 785 (App.Div.2000); State v. Childs, 208 N.J.
discussed Cited "see, e.g." State v. Polanca (2×)
N.J. Super. Ct. App. Div. · 2000 · signal: see, e.g. · confidence low
See, e.g., State v. Peace, 63 N.J. 127, 129 , 305 A.2d 410 (1973).
Retrieving the full opinion text from the archive…
State of New Jersey, Plaintiff-Respondent,
v.
Beverly Peace, Defendant, and Peerless Insurance Company, Appellant
Supreme Court of New Jersey.
Jun 5, 1973.
305 A.2d 410
Mr. Robert E. Levy argued the cause for appellant Peerless Insurance Company., Mr. Fredericlc J. Kalma, Assistant Prosecutor, argued the cause for respondent (Mr. James M. Coleman, Jr., Monmouth County Prosecutor, attorney).
Per Curiam.
Cited by 38 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: New Jersey Superior Court App … (2)
Per Curiam.

Appellant is the surety for defendant Beverly Peace whose $5,000 bail was forfeited because of her failure to appear for trial on an indictment for possession and sale of heroin. A motion for remission of the forfeiture pursuant to R. 3 :26-6(b) was denied by the Monmouth County Court. The Appellate Division on appeal modified the forfeiture to the extent of $2,000 (less State’s expense of $215) and ordered the remainder of the penal sum of the bond to be paid. We granted certification. 62 N. J. 573 (1973).

There was a seven-week delay after the case was first called for trial before defendant appeared. She pleaded[*129] guilty and was given a custodial sentence. The surety had discovered her whereabouts outside the state and persuaded her to return to court. On the proceedings below for remission the State had sought only indemnification of its actual expenses attributable to the default in appearance of $215.

The matter of remission of bail forfeiture is regulated by R. 3:26-6(b) which provides that a forfeiture may be set aside, on conditions, “if its enforcement is not required in the interest of justice”. Such remission may be ordered even after entry of judgment, of default “in whole or in part”. Id., (c).

The matter of remission lies essentially in judicial discretion. A list of factors appropriate for consideration is set forth in State v. Hyers, 122 N. J. Super. 177, 180 (App. Div. 1973). The Appellate Division in the present case was justified in concluding that, in all the circumstances, the county court exercised its discretion mistakenly in denying the surety any relief at all. But we cannot agree with appellant that greater relief than that directed by the Appellate Division was mandatory. There is an intangible element of injury to the public interest in almost any case where a defendant deliberately fails to make an appearance in a criminal case. While discretion might perhaps here have been exercised more liberally in favor of the surety, we do not conceive that the judgment of the Appellate Division was so wide of the mark as to require its modification by this Court.-

Judgment affirmed; no costs on this appeal.

For affirmance — Chief Justice Weintraub, Justices ’ Jacobs, Proctor and Mountain, and Judges Sullivan, Coneokd and Collester — 7.

For reversal — None.