Bail reform in New Jersey reshaped how pretrial detention and bail work in the state. On January 1, 2017, the Bail Reform and Speedy Trial Act (the “Act”) became law. Before the Act, judges would set money bail amounts for each case a defendant had. If the defendant could not pay the amount in bail or bond then he or she would be held in jail before trial. The Act changed the process of deciding how and whether to hold someone in pretrial detention, based not on whether someone could monetarily afford bail, but a more nuanced, objective way of deciding based on risk of flight and danger to public safety. If you or a loved one has a pretrial detention hearing in New Jersey, it is imperative to retain an experienced criminal defense attorney who can represent you. The lawyers at our criminal defense law firm use decades of experience to effectively represent clients at bail hearings in Burlington, Camden, and Gloucester County and throughout Southern New Jersey. Contact us today at 609-832-3202 or fill out our online form to arrange a free consultation.
When someone is arrested, the first step is for the arresting law enforcement officer to decide what kind of complaint the person will be charged with, either a summons-complaint or a warrant-complaint. The decision between the two is based on an automated pretrial risk-assessment process. The summons – while still initiating the criminal process – is less serious and is basically summoning someone to the courts, while a warrant would allow law enforcement to more proactively bring the person to the court. Some crimes require use of the warrant-complaint against the defendant, such as murder, sexual assault, and robbery, which means, for those crimes, the defendant must be held for those 48 hours.
The main difference between a summons and a warrant for detention purposes is that if it is a warrant then the defendant must go to county jail for detention, to be held for up to 48 hours before a hearing to decide whether to hold or release the person. While he or she is held, the pretrial services program will develop their recommendation for the court as to what the judge should do with the person regarding pretrial release monitoring or pretrial detention. Upon motion by the prosecutor for pretrial detention, the judge then makes the final decision with all of this information during the hearing within those 48 hours. If the person is not released during the hearing, then they will be held until trial or a plea.
Risk-assessment is a computer generated process. It starts with taking the defendant’s fingerprints at the police station before the defendant goes to jail. Before the summons-complaint and warrant-complaint decision described above is determined, a “preliminary public safety assessment” is given to police and prosecutors. If a judge then approves a warrant-complaint, pretrial services will continue generating the risk assessment when the defendant is held for those 48 hours under the warrant.
Risk-assessment examines a few qualities of the circumstances, including the nature of the offense – such as whether it was a crime of violence – and the defendant’s personal history, including age, prior violent convictions, and prior failure to appear. The system determines the likelihood that someone might not show back up to court and makes a recommendation on whether the person should be detained or released before trial. In sum, instead of being based on the ability to pay bail, the judge’s decision on detention and release is based on risk – using risk-assessment technology – that the defendant will not show back up to court or poses a danger. The judge will weigh the results of the Public Safety Assessment (PSA), as well as the arguments presented by the prosecutor and the defendant’s attorney. This is why it is so important to have a skilled New Jersey criminal defense lawyer who can demonstrate why you should be released during your detention hearing.
Having legal counsel for the pretrial detention hearing to provide advice and counsel is absolutely essential if you are currently facing criminal charges in New Jersey. In order to increase the likelihood of getting released on reasonable or no conditions, you should enlist the help of an attorney who regularly defends clients at detention hearings. Contact our criminal defense law firm at 609-832-3202 for a free consultation with an NJ detention hearing lawyer who will fight for your rights.
Bail reform in New Jersey reshaped how pretrial detention and bail work in the state. On January 1, 2017, the Bail Reform and Speedy Trial Act (the “Act”) became law. Before the Act, judges would set money bail amounts for each case a defendant had. If the defendant could not […]
"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."
"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."
"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"
"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."
"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."
"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "
"Great lawyer. Created a best possible outcome for my case."
"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."
Experienced Criminal Defense Attorney Explains What Happens when You’re Caught with CDS in Another Container in Camden County, New Jersey Most know that having cocaine, heroin, or other illegal drug in your possession is illegal. You could go to jail after a law enforcement officer arrests you for carrying street […]
Camden County Fentanyl Defense Lawyer Handling Charges for Possession and Distribution of Fentanyl throughout Southern New Jersey Fentanyl abuse is a national epidemic. The drug originated as a painkiller intended to be more powerful and shorter-lasting than morphine. Today, it is a popular painkiller for surgery, far more potent than […]
The intention to distribute or transport illegal drugs (controlled dangerous substances) on a grand scale, either nationwide or internationally, is drug trafficking. While possessing certain drugs in New Jersey is unlawful, possessing large quantities of illicit drugs may be evidence of an intent to sell illegal drugs. In other words, […]
If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202
We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español
