A pretrial detention hearing in New Jersey is a critical stage in the criminal justice process. It determines whether you remain incarcerated while awaiting trial or are released with specific conditions. Facing such a hearing can be stressful and confusing. This guide empowers you with knowledge about New Jersey’s pretrial detention laws and procedures.

Understanding Pretrial Detention

New Jersey’s bail reform system emphasizes the presumption of innocence. This means defendants are generally entitled to pretrial release unless the prosecution can demonstrate a compelling reason to detain them. A pretrial detention hearing allows a judge to weigh the arguments for and against releasing a defendant before trial.

When Do Pretrial Detention Hearings Occur?

In New Jersey, a pretrial detention hearing must be held within 48 hours of a defendant’s arrest for complaint-warrant offenses (those not initially indicted by a grand jury). This timeframe can be extended with the defendant’s consent or upon a motion by the prosecutor with good cause.

Who Participates in a Pretrial Detention Hearing?

• The Defendant: You have the right to be present at the hearing, represented by an attorney.
• The Prosecutor: The state’s attorney argues for detaining the defendant before trial.
• The Defense Attorney: Your lawyer advocates for your release with specific conditions.
• The Judge: The presiding judge makes the final decision on pretrial detention.

What Factors Does the Judge Consider?

New Jersey law (N.J.S.A. 2A:162-18) outlines the factors a judge must consider during a pretrial detention hearing:

• The Nature and Severity of the Charges: More serious crimes carry a higher risk of detention.
• The Weight of the Evidence: Strong evidence against the defendant increases the likelihood of detention.
• The Defendant’s Criminal History: A history of violent crime or prior failures to appear in court could weigh against release.
• The Risk of Re-Arrest: The judge considers the defendant’s potential to commit new crimes while awaiting trial.
• The Risk of Flight: The judge assesses the likelihood of the defendant fleeing before trial.
• The Defendant’s Ties to the Community: Strong ties to the community, such as employment and family, can support release.

The Burden of Proof

The burden of proof falls on the prosecutor to demonstrate, by clear and convincing evidence, that pretrial detention is necessary. This means the prosecutor must convince the judge that the defendant poses a threat to public safety or is a flight risk.

The Outcome of a Pretrial Detention Hearing

The judge can issue one of two decisions:

• Release with Conditions: The defendant is released before trial under specific conditions, such as surrendering their passport, wearing an ankle monitor, or adhering to a curfew.
  • The different release conditions from least restrictive to most restrictive are as follow: 
    • Release on Recognizance 
    • Pretrial Monitoring Level I (PML I)-Monthly reporting
    • Pretrial Monitoring Level II (PML II)-Bi-weekly reporting 
    • Pretrial Monitoring Level III (PML III)-Weekly reporting
    • Pretrial Monitoring Level III+ (PML III+)-House arrest
• Pretrial Detention: The defendant remains incarcerated until trial.

Appealing a Pretrial Detention Order

If you are detained, your attorney can file an appeal arguing that the judge’s decision was not supported by clear and convincing evidence. This appeal process typically involves requesting reconsideration by a different judge.

Important Considerations

• Consulting an Attorney: An experienced New Jersey criminal defense attorney can significantly increase your chances of securing pretrial release. They understand the legal nuances and can effectively argue for your release with appropriate conditions.
• Gathering Evidence: Documenting your ties to the community (employment, family) and any factors supporting your stability can bolster your case for release.
• Preparing for the Hearing: Work with your attorney to develop a strong defense strategy and prepare for the arguments presented by the prosecutor.

Understanding New Jersey’s pretrial detention laws empowers you to navigate this crucial stage in the criminal justice process. Remember, you have the right to legal representation and a fair hearing.