A Hammonton man arrested while on pretrial release out of Camden will remain in jail, an Atlantic County judge ruled Thursday.
Brian Nicholas, 42, was arrested Monday in Hammonton on drug charges while he already has 11 pending cases and four open warrants, according to information released at his detention hearing.
It was the third time he was arrested while on release from a 2018 case out of Camden County, Assistant Prosecutor Louis Casadia said.
Nicholas' history is mostly drug-related with one prison term that included theft by unlawful taking, records show.
While assistant prosecutor said his "gut reaction" is to question why the state would move to detain someone for non-violent drug activity, he noted Nicholas' continued violations.
"At what point are we kind of forced to file (for detention) on this type of case and go forward with it?" Casadia asked. "Can we just say someone can never be detained on (controlled dangerous substance charges)? There has to be some kind of logical cut off. I think all of our hands are tied."
Under bail reform, defendants are either released on summonses or held on warrants and jailed. Those who are jailed are either released following a first appearance or face detention hearing, where a public safety assessment is given to determine their likelihood not to appear in court and the chances they could incur another charge if released.
Nicholas scored the highest on both, with a six and six, and a recommendation not to release him.
"Frankly the court agrees with the state. How many chances is this fellow given before he understands?" Superior Court Judge Patricia Wild asked. "He’s 42 and he’s got a lengthy history going all the way back to 1998... This is a gentleman who has not come to grips with his drug addiction."
Nicholas then asked to address the court.
"I understand my history is extensive," he told the judge after she ruled for detention. "I have a drug problem. I understand that."
But Wild cut him off, saying she had made her decision.
She added that if Nicholas is a candidate for drug court either in Atlantic or Camden county, she would "gladly entertain a plea."
He will now remain jailed pending the outcome of his case.
