What is a Detention Hearing in Union County, NJ?
Detention Hearings in Union County, New Jersey
A detention hearing in Union County, New Jersey, is a critical stage in the criminal justice process that determines whether an individual charged with a crime will be held in jail or released while awaiting trial. This hearing, mandated by the Criminal Justice Reform Act (CJRA) enacted in 2017, aims to ensure public safety while upholding the presumption of innocence.
Understanding the Criminal Justice Reform Act (CJRA)
Before the CJRA, New Jersey relied heavily on a monetary bail system, often resulting in individuals being detained solely because they couldn’t afford bail. The CJRA replaced this system with a risk-based approach, focusing on the individual’s potential danger to the community and flight risk.
The Purpose of a Detention Hearing
A detention hearing allows a judge to assess whether an individual should be detained or released pretrial. The judge considers various factors, including:
- The nature and circumstances of the offense: Seriousness of the charges, use of weapons, and potential harm to victims are considered.
- The defendant’s criminal history: Prior convictions, history of violence, and compliance with past court orders are evaluated.
- The defendant’s ties to the community: Employment, family connections, and length of residence in the area are assessed.
- Risk of flight: The likelihood of the defendant fleeing the jurisdiction to avoid prosecution is considered.
- Risk to public safety: The potential danger the defendant poses to the community if released is evaluated.
The Detention Hearing Process
- The Prosecutor’s Motion: The process begins with the prosecutor filing a motion to detain the defendant.
- Initial Appearance: The defendant appears before a judge within 48 hours of arrest. If the prosecutor files a motion to detain, a detention hearing is scheduled. It is typically scheduled three business days after the initial appearance.
- Evidence Presentation: At the detention hearing, both the prosecutor and defense attorney present evidence and arguments regarding the defendant’s risk factors.
- Judge’s Decision: After considering the evidence, the judge decides whether to:
- Detain the defendant: If the judge determines the defendant poses a significant risk of flight or danger to the community, they will order pretrial detention.
- Release the defendant: If the judge finds the defendant does not pose a significant risk, they will order release, potentially with conditions such as:
- Monitoring: Electronic monitoring or regular check-ins with pretrial services.
- Release on your own recognizance-no pretrial reporting
- PML I=monthly reporting to pretrial services
- PML II=bi-weekly reporting to pretrial services
- PML III=weekly reporting to pretrial services
- PML III+=house arrest
- Travel restrictions: Limitations on travel within or outside the state.
- Curfew: Restrictions on movement during certain hours.
- No-contact orders: Prohibitions on contacting victims or witnesses.
- Substance abuse treatment: Mandatory participation in drug or alcohol treatment programs.
- Monitoring: Electronic monitoring or regular check-ins with pretrial services.
Defenses in a Detention Hearing
A skilled criminal defense attorney plays a crucial role in a detention hearing. They will:
- Challenge the prosecutor’s evidence: Scrutinize the evidence presented by the prosecutor and argue against its reliability or relevance.
- Present mitigating evidence: Introduce evidence that demonstrates the defendant’s strong ties to the community, lack of criminal history, or other factors that reduce their risk.
- Argue for the least restrictive conditions: Advocate for release with conditions that address any concerns while allowing the defendant to remain in the community.
- Negotiate with the prosecutor: Explore potential plea agreements or alternative resolutions that avoid detention.
Common Defenses:
- Lack of evidence: Challenging the strength of the prosecutor’s case and arguing that the evidence does not support detention.
- Strong community ties: Emphasizing the defendant’s family connections, employment, and long-term residence in the area.
- Lack of criminal history: Highlighting the defendant’s clean record or minor past offenses.
- Mental health or substance abuse issues: Presenting evidence of mental health or substance abuse problems that can be addressed through treatment rather than detention.
- Willingness to comply with conditions: Demonstrating the defendant’s willingness to abide by any conditions imposed by the court.
Frequently Asked Questions (FAQs) about Detention Hearings in Union County, NJ
1. What is the difference between a detention hearing and a bail hearing?
In New Jersey, the CJRA eliminated the traditional bail hearing. The detention hearing focuses on risk assessment rather than setting a monetary bail amount.
2. How long can I be detained before a detention hearing?
Typically they will schedule a detention hearing within three (3) business days.
3. Can I represent myself at a detention hearing?
While you have the right to represent yourself, it is highly recommended to have an experienced criminal defense attorney represent you. They can effectively navigate the legal complexities and advocate for your release.
4. What happens if I am detained?
If detained, you will be held in the Union County Jail until your case is resolved or the judge orders your release.
5. Can I appeal a detention decision?
Yes, you can appeal a judge’s decision to detain you. An attorney can help you with the appeals process. You typically have 20 days to file a notice of appeal.
Additional FAQs
6. What are the consequences of violating release conditions?
Violating release conditions can lead to your detention. Therefore, it is best to comply with any and all conditions that the Judge has set.
7. How can I prepare for a detention hearing?
Gather any evidence that supports your release, such as character references, proof of employment, and information about your family ties. Discuss your case with your attorney and follow their advice.
8. How much does it cost to hire a lawyer for a detention hearing?
Attorney fees vary depending on the complexity of the case and the attorney’s experience. Many attorneys offer free consultations to discuss your case and fees.
9. Can I get bail if I am detained?
Under the CJRA, monetary bail is rarely used. The focus is on risk assessment, not financial capacity. the only time bail is applicable is in municipal court cases. If it is at the superior court, then they do not use bail.
10. What happens after the detention hearing?
If released, you will need to comply with any conditions set by the court and attend all scheduled court appearances. If detained, your attorney will continue to work on your case, exploring potential plea deals or preparing for trial.
Contact Brett M. Rosen, Esq.
Facing a detention hearing in Union County, NJ, can be a daunting experience. Having an experienced criminal defense attorney by your side can make a significant difference in the outcome. Contact Brett M. Rosen, Esq., today for a free consultation. He will fight tirelessly to protect your rights and secure your release. 908-312-0368 & brett@nynjcriminalcivilesq.com
Disclaimer: This information is intended for educational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific legal situation.