Step 1: Confirm Their Location

After an arrest, a person is typically taken to the police department in the town where the incident occurred (e.g., Linden, Plainfield, Westfield). After initial processing, they will either be released or transported to the Essex County Jail, located in Newark.

• Actionable Tip: You can use the official Essex County Department of Corrections’ Inmate Lookup System online. If they don’t appear in the system immediately, it likely means they are still being processed at the local police department. Be patient, as this can take several hours.

Step 2: Understand the Type of Charge: Summons vs. Warrant

The initial charging document determines whether your loved one will be held in jail or released.

• Complaint-Summons: For less serious disorderly persons offenses (misdemeanors), police will often issue a summons. This means your loved one is released from the station with a mandatory court date in the future. They will not be held in jail.

• Complaint-Warrant: For more serious indictable offenses (felonies) or certain other charges, police will issue a warrant. This means your loved one will not be released. They will be transported to the Union County Jail to be held for a first appearance before a judge. The rest of this guide applies to this situation.

Step 3: The First 48 Hours – CJP Court & The PSA Score

Within 48 hours, your loved one will have their first court appearance, called Central Judicial Processing (CJP). This is not a trial. It is a brief hearing, usually held by video from the jail, where a judge informs them of the charges.

The most critical event during this stage is the creation of a Public Safety Assessment (PSA).

• What is a PSA? The PSA is an objective risk assessment tool used by NJ courts to score a defendant based on factors like their criminal history, the current charge, and their age. This score is then used to make a recommendation to the judge:

  1. Release on their own recognizance.

  2. Release with non-monetary conditions (e.g., check-ins, no-contact orders).

  3. That the prosecutor should file a motion for detention.

An experienced attorney can argue against a negative PSA recommendation at this earliest stage.

Step 4: The High-Stakes Detention Hearing

If the prosecutor files a motion to detain, a detention hearing will be scheduled within 3 business days. This is an adversarial hearing where the prosecutor will argue to a judge that your loved one should remain in jail until the case is over.

To win, the prosecutor must prove that no combination of release conditions can reasonably assure the defendant’s future court appearances or protect the safety of the community by clear and convincing evidence.

This hearing is your loved one’s best and most important opportunity to get out of jail. Having a defense attorney present to cross-examine the state’s witnesses, present evidence of community ties, and challenge the prosecutor’s arguments is absolutely vital.

The Most Important Action You Can Take: Hire a Lawyer Immediately

The single most effective step you can take is to hire an experienced Union County criminal defense attorney as soon as you learn of the arrest. Do not wait until Monday. A lawyer can immediately:

• Represent your loved one at CJP and the detention hearing.

• Challenge the state’s arguments for detention.

• Begin an independent investigation into the charges.

• Act as the point of contact between your family and the court system.

• Provide guidance and peace of mind during a chaotic time.

A legal crisis doesn’t wait for business hours, and neither do we. If your loved one has been arrested in Union County, contact the Law Offices of Brett M. Rosen, Esq., now.

Call our Elizabeth office at 908-312-0368 for an immediate and confidential consultation.

Disclaimer: This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is unique and results may vary. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.