A detention hearing is a proceeding before a Superior Court Judge which determines whether someone charged with a crime should be released to the community while their case is pending or remain incarcerated in the county jail, until their case is resolved.
What happened to bail?
New Jersey essentially abolished bail in 2017, therefore there is no such thing as bail anymore for New Jersey criminal cases. People don’t get “bailed out” after they are charged with a crime. Rather, now, they are detained, without the possibility of bail, or released, often with conditions of release.
Who decides if I stay in jail after I’m arrested?
The prosecutor decides if they want someone to remain in jail after an arrest, and if they do, they file a motion for detention. The Court, on its own, does not have the power to detain someone without a request from the prosecutor. If the prosecutor files a detention motion, a hearing is generally scheduled within 3 court business days.
What does the judge decide at a detention hearing?
At a detention hearing, the prosecutor argues that an individual charged with a crime should remain in jail because that is the only way to ensure that they will not: (1) commit further crimes, (2) miss future court appearances and (3) obstruct justice. New Jersey’s pretrial detention statute is 2A:162-18, et. seq.
There are certain factors that a judge considers in making a decision including the age of the defendant, prior criminal history, ties to the community, prior record of appearing in court, substance abuse issues, nature and circumstances of the offense, weight of the evidence, risk of obstruction of justice, nature and seriousness of danger to the community and the recommendation of the pretrial services program.
Can someone be released after a detention hearing?
Yes, a defendant will be released if a judge decides that there are conditions which will minimize the risk that another crime will be committed and also make sure that the defendant shows up for all future court appearances. For example, a judge may require a defendant to check in with the court once a week, surrender a passport, maintain employment, live at a certain address, attend counseling or set other conditions as part of the defendant’s release. The judge wants to eliminate the risk that a defendant will be a danger to the community and reduce the chances that a defendant will obstruct justice.
Defendants, even ones with particularly serious cases, are released regularly when attorneys can offer the Court realistic and tangible assurances that future crimes will not be committed and that a defendant will return to court. Having an experienced attorney is the first step in defending an individual’s liberty.