Securing Pretrial Release in New Jersey
The New Jersey Criminal Justice Reform Act became effective on January 1, 2017 and effectively eliminated monetary bails. The norm for an individual arrested on a warrant complaint is now to either get released at his/her first appearance or to remain in custody because the prosecutor has filed a motion to detain. If the detention motion is lost, the defendant remains in
jail until his/her trial on the criminal charge. It is obviously very important for someone to be represented by the very best attorney at their detention hearing. We believe that the attorneys at our firm are exactly what you need to ensure every chance of pretrial release.
We are the Law Offices of Jonathan F. Marshall, one of the state’s largest criminal defense firms. Our team is largely comprised of former prosecutors and possesses over two hundred years of combined experience defending charges throughout New Jersey. If you or a loved one has been charged with an indictable crime that has resulted in a motion to detain in Hudson County (Jersey City), Monmouth County (Freehold), Burlington County (Mount Holly), Somerset County (Somerville), Camden County (Camden) or anywhere else in the state, our New Jersey criminal lawyers are ready to fight to obtain a release. To speak to a lawyer immediately, call 855-450-8310 for a free consultation.
Pretrial Detention in New Jersey: How The Process Works
The New Jersey Court Rule governing pretrial detention is Rule 3:4A. The important details you need to know are discussed in the headings below:
- When Can Someone Be Detained? The accused must be the subject of a warrant complaint or a disorderly persons offense involving domestic violence (e.g. simple assault, harassment, etc.).
- How Long Is Initial Detention On A Criminal Charge? A defendant is required to see a judge for his/her first appearance no later than 48 hours after entering custody of the police.
- What Has To Happen In Order For A Defendant To Be Released At His First Appearance? The court must find, based on the facts and circumstances presented, as well as the Public Safety Assessment, that release will not present a safety risk to the public nor is it likely that the defendant will obstruct the criminal justice process.
- How Is The Process Different If A Motion To Detain Is Filed? There is no decision by the court regarding release if the prosecutor files a detention motion. The related motion must be heard within 3 working days of its filing.
- Can Someone Be Released Even Though A Motion Is Filed? Absolutely. A defendant has the opportunity to present his/her arguments supporting pretrial release at the detention hearing. If the judge finds that there are conditions that will reasonably insure the protection of the public against new acts of criminal conduct and that defendant will appear, release prior to trial is permissible.
- What Are The Standard Conditions When Someone Is Granted Pretrial Release? The standard conditions for pretrial release include: (1) no new criminal activity; (2) no contact with the victim; (3) avoiding contact with witnesses in the case; and (4) complying with any reporting requirements imposed by the Court.
- Are There Different Levels Of Reporting & Supervision On Pretrial Release? Yes. A defendant must report to pretrial services once a month by telephone if they are placed on Level I in Mercer County (Trenton), Passaic County (Paterson) or another location in New Jersey. A defendant placed on Level II must report once a month by telephone and once a month in person. In effect, they alternate between the two forms of reporting every two weeks—once in person and then once by telephone two weeks later. Level III requires weekly reporting that alternates between in person and telephone. Level III Plus contemplates the same reporting as norm Level III except with electronic monitoring (e.g. ankle GPS).
- Is There A Presumption For Release Or Detention Under The Law? Yes. There is a presumption that the defendant shall be detained prior to his/her trial if they are charged with: (1) murder; or (2) an offense that exposes the defendant to life imprisonment. In all other instances, there is a presumption that the defendant shall be granted pretrial release.
New Jersey Pretrial Detention Defense Attorneys
Detention is a real possibility whenever someone is arrested for a criminal offense in Middlesex County (New Brunswick), Union County (Elizabeth), Gloucester County (Woodbury), Atlantic County (Mays Landing), Bergen County (Hackensack) or another county in the state. Unfortunately, many individuals wait too long to hire an attorney and it either eliminates the ability for someone to persuade the prosecutor not to file a detention motion or the motion has already been decided. A lawyer skilled in pretrial detention should be retained immediately following an arrest so that a defendant has the best opportunity for release. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, are accomplished in all facets of criminal defense, including pretrial detention. To speak to one of our lawyers in a free consultation immediately, call 855-450-8310.
