If you or a loved one has been arrested for a serious crime in New Jersey, you are likely feeling scared, overwhelmed, and completely lost. The moments and days following an arrest are a blur of procedures and legal jargon. One of the most urgent questions is always, “Will I be able to go home, or will I be held in jail?”

In 2017, New Jersey completely overhauled its system for answering that question. The days of a judge setting a high cash bail amount are largely over. They have been replaced by a complex, risk-based system established by the Criminal Justice Reform Act (CJRA).

As a criminal defense attorney, my first and most critical job is often to navigate this new system to secure my client’s release from jail. This article will demystify the process, explaining what really happens from the moment of arrest to a potential detention hearing.

The Old System vs. The New: A Shift from Wealth to Risk

Before 2017, New Jersey operated on a traditional cash bail system. A judge would set a monetary amount, and a defendant’s freedom depended on whether they could afford to pay it. This created a two-tiered system of justice where individuals with financial resources could go free, while those without—even if they posed a low risk to the community—remained incarcerated simply because they were poor.

The CJRA was designed to eliminate this disparity. Its goal is to ensure that the decision to hold someone in jail pending trial is based on the actual risk they pose to the community and their likelihood of appearing in court, not the amount of money in their bank account.

The First 48 Hours: What Happens Immediately After an Arrest

For anyone charged with an indictable offense (the equivalent of a felony) on a “warrant,” the process is swift and daunting.

1. Arrest & Charging: After an arrest, the police and county prosecutor’s office decide on the charges. If they issue a “warrant,” the defendant is not released but is transported to the county jail.

2. Pretrial Services Interview: At the jail, the defendant is interviewed by an officer from Pretrial Services. They will ask questions about the defendant’s background, residence, employment, and personal history.

3. The PSA is Generated: Using the information from the interview and the defendant’s criminal history, Pretrial Services generates the single most important document at this stage: the Public Safety Assessment (PSA).

Demystifying the Public Safety Assessment (PSA)

The PSA is an objective, data-driven risk assessment tool. It does not consider the specific facts of the current case but instead analyzes nine risk factors to predict a defendant’s future behavior. These factors include age, prior convictions, prior failures to appear in court, and whether the current charge is violent.

The PSA produces two scores on a scale of 1 to 6:

• Failure to Appear (FTA) Score: Predicts the likelihood the defendant will miss future court dates.

• New Criminal Activity (NCA) Score: Predicts the likelihood the defendant will be arrested for a new crime if released.

It also includes a flag for New Violent Criminal Activity (NVCA) if the defendant is deemed at elevated risk for committing a violent crime. It is critical to understand that the PSA is a recommendation for the court, not a binding order.

The Prosecutor’s Critical Decision: The Motion to Detain

Once the PSA is generated, the County Prosecutor’s Office reviews the case. Based on the charges, the defendant’s history, and the PSA scores, they have two primary options:

1. Consent to Release: They can agree to release the defendant from jail on certain conditions.

2. File a Motion for Pretrial Detention: If the charges are serious enough and the prosecutor believes the defendant poses a significant risk, they will file a formal motion asking a Superior Court Judge to hold the defendant in jail until the case is resolved.

The Two Most Important Hearings of Your Case

If the prosecutor files for detention, two hearings will be scheduled within days.

1. The First Appearance (CJP Court): Held within 48 hours of arrest, this is where the defendant is formally advised of the charges. If a detention motion has been filed, the judge will schedule the full Detention Hearing, which must occur within 3 to 5 business days.

2. The Detention Hearing: This is arguably the most critical court appearance in the entire case. The state’s goal is to convince the judge, by “clear and convincing evidence,” that no combination of release conditions can ensure the community’s safety and the defendant’s return to court.

This is where the skill of an experienced defense attorney is indispensable. My role is to dismantle the prosecutor’s arguments, challenge their evidence, present mitigating factors about my client’s character and community ties, and propose a robust release plan that shows the court that any potential risks can be managed.

The judge will then either grant the detention motion, meaning the client is held in jail, or deny it and set appropriate conditions for release.

Frequently Asked Questions (FAQ)

1. Is cash bail completely gone in New Jersey? Mostly, yes. The CJRA has virtually eliminated it for most cases. However, in very rare circumstances where a defendant is not subject to a detention motion but a judge still has concerns, and he is facing a disorderly persons offense, a monetary bail amount can theoretically be set.

2. What can my family do to help prepare for a detention hearing? Your family can be a crucial asset. They can help your attorney by gathering letters of support from employers, community leaders, and family members. They can also help formulate a release plan by, for example, confirming that you have a stable place to live and will have family support while the case is pending.

3. Does a low PSA score guarantee my release? No. While a low score is very helpful, the prosecutor can still file for detention based on the nature of the charges alone. For example, charges like murder or first-degree robbery carry a “presumption of detention,” meaning the starting point is to hold the defendant, and it is the defense attorney’s job to rebut that presumption.

4. Can a judge’s decision to detain me be appealed? Yes. A detention order can be appealed to the Appellate Division. However, these appeals are complex and require a demonstration that the trial judge’s decision was incorrect.

You Need an Advocate in Your Corner

New Jersey’s pretrial release system is complicated and moves incredibly fast. From the moment of arrest, the clock is ticking toward a hearing that could determine your freedom for months or even years to come. Having an attorney who understands the nuances of the CJRA, the PSA, and how to effectively argue at a detention hearing is not a luxury—it is a necessity.

If you or a loved one has been arrested, do not wait. Contact Brett M. Rosen, Esq. immediately to ensure your rights are protected from the very start. 908-312-0368

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship. The outcome of any legal matter depends on a variety of factors unique to each case. You should consult with a qualified attorney for advice regarding your individual situation. This may be considered Attorney Advertising.