Order Setting Conditions of Release — No. 2:21-cr-00721 (Dkt. 6, D.N.J.)
Summary
An Order Setting Conditions of Release in the case of Kyle Terry, Case Number 21-721, in the U.S. District Court for the District of New Jersey, filed September 16, 2021 as Document 6 (3 pages) and dated September 16, 2021. Bail is fixed at $25,000 with release on an unsecured appearance bond. The marked additional conditions require him to report to Pretrial Services as directed, restrict his travel to New Jersey unless approved, surrender passports and travel documents, maintain his current residence, and maintain or actively seek employment or education. The form carries the advice of penalties and the defendant's signed acknowledgment.
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“Order Setting Conditions of Release — No. 2:21-cr-00721 (Dkt. 6, D.N.J.).”
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NITEDDocument
Case 2:21-cr-00721-JMV TATES6 FiledS
ISTRICT
09/16/21 OURT D
Page 1 of 3 PageID: 21C
For the District of New Jersey
United States of America
ORDER SETTING CONDITIONS
v. OF RELEASE
Kyle Terry
Case Number: 21-721
Defendant
IT IS ORDERED on this 16th day of September 2021 that the release of the defendant is subject to the following conditions:
(1) The defendant must not violate any federal, state or local law while on release.
(2) The defendant must cooperate in the collection of a DNA sample if the collection is authorized by
42 U.S.C. § 14135a.
(3) The defendant must immediately advise the court, defense counsel, and the U.S. attorney in writing before
any change in address and/or telephone number.
(4) The defendant must appear in court as required and must surrender to serve any sentence imposed.
Release on Bond
Bail be fixed at $ 25,000 and the defendant shall be released upon:
(X ) Executing an unsecured appearance bond ( ) with co-signor(s) ;
( ) Executing a secured appearance bond ( ) with co-signor(s) ,
and ( ) depositing in cash in the registry of the Court % of the bail fixed; and/or ( ) execute an agreement to
forfeit designated property located at .
Local Criminal Rule 46.1(d)(3) waived/not waived by the Court.
( ) Executing an appearance bond with approved sureties, or the deposit of cash in the full amount of the bail in lieu
thereof;
Additional Conditions of Release
Pursuant to 18 U.S.C. § 3142(c)(1)(B), the court may impose the following least restrictive condition(s) only as necessary to
reasonably assure the appearance of the person as required and the safety of any other person and the community.
It is further ordered that the release of the defendant is subject to the condition(s) listed below:
IT IS FURTHER ORDERED that, in addition to the above, the following conditions are imposed:
(X ) Report to Pretrial Services (“PTS”) as directed and advise them immediately of any contact with law
enforcement personnel, including but not limited to, any arrest, questioning or traffic stop.
( ) The defendant shall not attempt to influence, intimidate, or injure any juror or judicial officer; not tamper with any
witness, victim, or informant; not retaliate against any witness, victim or informant in this case.
( ) The defendant shall be released into the third party custody of
who agrees (a) to supervise the defendant in accordance with all the conditions of release, (b) to use every effort to
assure the appearance of the defendant at all scheduled court proceedings, and (c) to notify the court immediately
in the event the defendant violates any conditions of release or disappears.
Custodian Signature: Date:
PAGE 1 OF 3
Case 2:21-cr-00721-JMV Document 6 Filed 09/16/21 Page 2 of 3 PageID: 22
(X ) The defendant’s travel is restricted to ( X) New Jersey ( ) Other (X ) unless approved by Pretrial Service.
( X ) Surrender all passports and travel documents to PTS. Do not apply for new travel documents.
( ) Substance abuse testing and/or treatment as directed by PTS. Refrain from obstructing or tampering with substance
abuse testing procedures/equipment.
( ) Refrain from possessing a firearm, destructive device, or other dangerous weapons. All firearms in any home in
which the defendant resides shall be removed by and verification provided to PTS. This
includes Purchasers ID & Permits.
( ) Mental health testing/treatment as directed by PTS.
( ) Abstain from the use of alcohol.
(X ) Maintain current residence or a residence approved by PTS.
(X ) Maintain or actively seek employment and/or commence an education program.
( ) No contact with minors unless in the presence of a parent or guardian who is aware of the present offense.
( ) Have no contact with the following individuals:
( ) Defendant is to participate in one of the following home confinement program components and abide by all the
requirements of the program which ( ) will or ( ) will not include electronic monitoring or other location
verification system.
( ) (i) Curfew. You are restricted to your residence every day ( ) from to , or
( )as directed by the pretrial services office or supervising officer; or
( ) (ii) Home Detention. You are restricted to your residence at all times except for the following:
education; religious services; medical, substance abuse, or mental health treatment; attorney
visits; court appearances; court-ordered obligations; or other activities pre-approved by the
Pretrial Services Office or supervising officer. Additionally, employment ( ) is permitted
( ) is not permitted.
( ) (iii) Home Incarceration. You are restricted to your residence under 24 hour lock-down except
for medical necessities and court appearances, or other activities specifically approved by the
court.
( ) (iv) Stand Alone Monitoring. You have no residential curfew, home detention, or home
incarceration restrictions. However, you must comply with the location or travel restrictions as
imposed by the court. Note: Stand Alone Monitoring should be used in conjunction with global
positioning system (GPS) technology.
( ) Pay all or part of the cost of location monitoring based upon your ability to pay as determined by the
pretrial services or supervising officer.
( ) Defendant is subject to the following computer/internet and network restrictions which may include manual
inspection, and/or the installation of computer monitoring software, as deemed appropriate by Pretrial
Services. The defendant consents to Pretrial Services’ use of electronic detection devices to evaluate the
defendant’s access to wi-fi connections.
( ) (i) No Computers - defendant is prohibited from possession and/or use of computers or
connected devices.
( ) (ii) Computer - No Internet Access: defendant is permitted use of computers or connected devices,
but is not permitted access to the Internet (World Wide Web, FTP Sites, IRC Servers, Instant Messaging,
etc);
( ) (iii) Computer With Internet Access: defendant is permitted use of computers or connected devices, and
is permitted access to the Internet (World Wide Web, FTP Sites, IRC Servers, Instant Messaging, etc.) for
legitimate and necessary purposes pre-approved by Pretrial Services at [ ] home [ ] for employment purposes.
( ) (iv) Consent of Other Residents -by consent of other residents in the home, any computers in the home
utilized by other residents shall be approved by Pretrial Services, password protected by a third party custodian
approved by Pretrial Services, and subject to inspection for compliance by Pretrial Services. Home computer
networks are subject to inspection for compliance by Pretrial Services.
Due to the COVID-19 pandemic, the defendant has not yet been processed by the United States Marshals
Service (USMS) for the instant arrest.
(X) Other: The defendant shall report to the United States Marshal Services in Newark, New Jersey for processing
at a date to be determined
PAGE 2 of 3
Case 2:21-cr-00721-JMV Document 6 Filed 09/16/21 Page 3 of 3 PageID: 23
ADVICE OF PENALTIES AND SANCTIONS
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a
revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in
imprisonment, a fine, or both.
While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten
years and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will
be consecutive (i.e., in addition to) to any other sentence you receive.
It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation; tamper
with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt
to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are
significantly more serious if they involve a killing or attempted killing.
If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence, you
may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:
(1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more – you
will be fined not more than $250,000 or imprisoned for not more than 10 years, or both;
(2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years – you will
be fined not more than $250,000 or imprisoned for not more than five years, or both;
(3) any other felony – you will be fined not more than $250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor – you will be fined not more than $100,000 or imprisoned not more than one year, or both.
A term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you
receive. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of the Defendant
I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all
conditions of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions
set forth above.
s/ Kyle Terry
_________________________________________
Defendant’s Signature Defendant’s Signature
Newark, New Jersey
City and State
Directions to the United States Marshal
(X ) The defendant is ORDERED released after processing.
( ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or
judge that the defendant has posted bond and/or complied with all other conditions for release. If still in
custody, the defendant must be produced before the appropriate judge at the time and place specified.
Date: September 16, 2021
Judicial Officer’s Signature
PAGE 3 of 3
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