If you have been arrested and charged with a crime in New Jersey, one of your first appearances is at your pretrial detention hearing. This hearing determines whether you will remain in custody before trial.
Many people are surprised to learn that New Jersey no longer relies on a traditional cash bail system for most cases. Instead, the court uses a risk-based approach. Understanding how these conditions work can help you prepare for the next steps in the process as a criminal defendant.
A Brief Overview of Bail Reform in New Jersey
New Jersey’s Criminal Justice Reform Act (CJRA) took effect on January 1, 2017. NJ bail reform replaced the traditional bail system with a new system focused on public safety and court appearances.
Before the CJRA, people facing criminal charges often secured release by posting cash or bond. Today, the court considers how serious the charges are, the defendant’s prior criminal history, and whether they’re likely to attend court dates. The New Jersey Pretrial Risk Assessment (Public Safety Assessment or PSA) uses a point system to evaluate whether bail is appropriate. The risk assessment includes whether the defendant is likely to commit crimes or skip court when out on bail.
If a prosecutor believes the defendant should be in custody pending trial, they must file a motion with the court. This leads to a detention hearing, where the judge decides whether you will remain in custody while awaiting trial or be released with conditions.
What Is a Detention Hearing in New Jersey?
A detention hearing only happens when a prosecutor requests detention. It typically takes place within a few days of your arrest. During the hearing, the judge reviews your PSA score, any evidence from the prosecutor, and arguments from your attorney. The prosecutor must show, by clear and convincing evidence, that no conditions could:
- Reasonably protect public safety,
- Guarantee your appearance in court, or
- Prevent you from obstructing the criminal process.
The court considers factors like:
- The nature and circumstances of the offense
- The weight of the evidence against you
- Your history and characteristics, including ties to the community
- Your likelihood of being a flight risk
- Whether you were on probation, parole, or another release at the time of the alleged offense
If the judge finds detention is not warranted, you will be released.
What Happens If You Are Released After a Detention Hearing?
If you are released after a detention hearing, you will still have to comply with conditions set by the court. Failing to follow the rules can result in being taken back into custody.
The court tailors the conditions to your specific situation. For example, someone charged with a low-level, non-violent offense might be placed on minimal reporting. In contrast, someone accused of a serious offense might have strict supervision.
Ultimately, release conditions are meant to address any risks identified in your PSA score. At the same time, conditional release allows you to return to work and prepare your defense.
Common Bail Conditions in Monmouth County
Every case is unique, and your bail conditions will depend on those specific facts. However, there are several common conditions you may face:
- Reporting to pretrial services – You may have to check in by phone or in person at set intervals.
- No-contact orders – If your charges involve a victim or co-defendants, the court may prohibit you from contacting them.
- Travel restrictions – The court may limit your travel to Monmouth County, the state of New Jersey, or another defined area. You may have to surrender your passport.
- Curfew – Some defendants must be home during specific hours and monitored electronically.
- Drug or alcohol testing – If substance abuse is a concern, you may be subject to random testing.
- Employment requirements – The court may require you to maintain or seek employment.
- Firearm prohibitions – You may be ordered to surrender any firearms. If this rule is in your bail conditions, you won’t be allowed to purchase, borrow, or use new ones, either.
The specific mix of conditions depends on the alleged offense, your background, and any public safety concerns raised during the hearing.
Pretrial Services and Monitoring Levels
If you are released, Pretrial Services will supervise your compliance. Pretrial Services monitors defendants, reminds them of upcoming court dates, and reports any violations. The level of monitoring varies based on your assessed risk:
- Level 1: May involve occasional phone check-ins and court date reminders.
- Level 2: Requires more frequent reporting, often in person. This level may also include travel restrictions.
- Level 3: Often involves GPS ankle bracelets, daily check-ins, strict curfews, and close supervision.
Your monitoring level can change over time. For example, if you consistently follow the rules, your attorney may request reduced supervision. On the other hand, violations can lead to stricter monitoring or pretrial detention. It’s important to follow your bail conditions to the letter.
When Should You Call an Attorney?
Contact a criminal defense attorney as soon as possible after your arrest. The period between an arrest and your detention hearing is more valuable than you may realize. The sooner you call a lawyer, the more options you may have. For example, your attorney can use this time to assemble and present evidence about your ties to the community, employment, and family responsibilities.
If you’re released, your lawyer will explain your bail conditions. They can seek modifications if the conditions are overly restrictive and defend you if the prosecution claims you violated them. A skilled criminal defense lawyer can also guide you through your mandated interactions with Pretrial Services.
Contact Our NJ Criminal Defense Lawyers to Learn More
The criminal defense attorneys at Keith Oliver Criminal Law have extensive experience representing clients at detention hearings. We also help our clients understand and comply with post-release conditions. Most importantly, we know the laws and how to protect your rights throughout the process.
Our firm serves clients throughout New Jersey, including Monmouth County, Mercer County, and Somerset County. If you have questions about New Jersey bail reform or are facing charges, contact Keith Oliver Criminal Law today for a consultation.
