NJ Pretrial Detention

Pretrial Detention in New Jersey

In New Jersey, judges have discretion whether to release defendants pending trial or order them detained pretrial. Pretrial detention significantly impacts criminal cases by taking away defendants’ liberty before conviction. Understanding when pretrial detention can be ordered is important for anyone facing criminal charges in New Jersey.

Presumption of Innocence

The U.S. Constitution presumes defendants innocent until proven guilty. Therefore, pretrial detention is supposed to be limited to cases where no release conditions can reasonably assure community safety and court appearances.

New Jersey’s Bail Reform Law strengthened presumption of release by aiming to limit pretrial detention to high-risk defendants charged with serious offenses.

Grounds for Pretrial Detention in New Jersey

Under N.J.S.A. 2A:162-18, a judge can order pretrial detention if the prosecution shows:

• Probable cause the defendant committed murder or a first-degree crime like aggravated assault
• Clear and convincing evidence of risk to the safety of others or the community if released
• No release conditions would reasonably guard against flight or dangerousness

For other charges, prosecutors must show risk of nonappearance or obstruction of justice requiring detention.

Factors Considered for Pretrial Detention

When evaluating pretrial detention under N.J.S.A. 2A:162-20, the court considers:

• Nature and circumstances of the offense charged
• Weight of the evidence
• History and characteristics of the defendant
• Safety of the community if released
• Recommendations in the pretrial services report

The prosecution bears the burden of proving grounds for detention by clear and convincing evidence.

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-24

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Pretrial Detention Hearing

If prosecutors move for pretrial detention, the court must hold a detention hearing within 3-5 days under N.J.S.A. 2A:162-19. The defendant has a right to counsel and to testify, present witnesses, and cross-examine prosecution witnesses.

After considering the evidence and arguments, the judge decides whether detention is necessary or release conditions can reasonably assure the defendant’s appearance and public safety.

Length of Pretrial Detention

If ordered detained, defendants face restrictions on pretrial freedom including [1]:

• Up to 90 days pre-indictment
• Up to 180 days pretrial for 1st degree charges
• No specified limit pretrial for lesser charges

Release may be ordered at any time if circumstances change to no longer require detention.

Appealing Pretrial Detention

Defense counsel can immediately appeal pretrial detention orders to the Superior Court Appellate Division. Grounds include [2]:

• Insufficient evidence supporting detention
• Failure to consider less restrictive alternatives
• Unreasonable application of detention factors
• Excessive bail amount

However, appeals rarely overturn detention orders unless clear errors are shown.

Impact of Pretrial Detention

Research shows pretrial detention significantly impacts case outcomes by [3]:

• Increasing conviction likelihood
• Reducing likelihood of charges being dismissed
• Increasing likelihood of incarceration sentences
• Causing plea bargains for time served

Detained defendants face major obstacles mounting an effective defense.

Alternatives to Pretrial Detention

Rather than jailing defendants pretrial, New Jersey courts can impose conditions like [1]:

• Electronic monitoring
• Home detention or curfew
• Geographic restrictions
• Drug/alcohol testing and treatment
• Supervision by pretrial services

These alternatives aim to mitigate flight and dangerousness risks while preserving pretrial freedom.

Consult an Attorney if Facing Pretrial Detention

Given the severe consequences of pretrial detention, those facing detention motions need experienced criminal defense counsel to advocate for their pretrial freedom. Knowledgeable lawyers can challenge grounds for detention and present evidence favoring release.