What is Pretrial Detention?
In the State of New Jersey, pretrial detention hearings have replaced bail hearings following the passage of the Criminal Justice Reform Act. N.J.S.A. § 2A-162-19 empowers the State to petition the Court for the pretrial detention of a defendant in certain circumstances.
Prior to a defendant’s First Appearance, the State, if seeking the pretrial detention of the defendant, will file a motion with the Court. Generally, an incarcerated defendant will have their First Appearance no later than 48 hours after arrest where the Court will inform the defendant about the pretrial detention hearing, which will be held no later than 3 business days from the First Appearance.
The Grounds for Pretrial Detention
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Generally, the State will file a motion for pretrial detention if:
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The defendant is charged with a first or second degree crime;
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The defendant is charged with a crime that carries a term of life imprisonment;
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The defendant has committed any crime and has been previously convicted of crimes enumerated in paragraph 1 or 2;
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The defendant is charged with the human trafficking of minors or endangering the welfare of a child;
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The defendant is charged with crimes involving firearms and flight;
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The defendant is charged with a crime involving domestic violence; and
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The defendant is charged with any other crime where the prosecutor believes there is a serious risk that:
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The defendant will not appear in Court as required;
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The defendant poses a danger to any other person or the community; or
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The eligible defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.
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If the State files a motion for pretrial detention, the State will be entitled to a rebuttable presumption of detainment if the charged crimes are murder or crimes which include a term of life imprisonment. Otherwise, the defendant is entitled to a rebuttable presumption against detainment.
The Pretrial Detention Hearing
At the pretrial detention hearing, both the State and the defendant shall have an opportunity to present and cross-examine witnesses. The State must prove, as a threshold matter, that there is probable cause that the defendant committed the charged offenses.
If the State is entitled to a presumption of pretrial detention, the defendant may rebut the presumption by providing the Court with sufficient proof supporting the defendant’s pretrial release. The defendant must prove by a preponderance of the evidence that pretrial release is appropriate. However, if the defendant is not charged with murder or another crime that carries a term of life imprisonment, the State must argue for pretrial detention.
The Court may order the pretrial detention of the defendant if State proves by clear and convincing evidence that: No amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions will reasonably assure the eligible defendant’s appearance in court when required, the protection of the safety of any other person in the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.
If the defendant fails to rebut a presumption against detainment or the Court finds that the State has proved by clear and convincing evidence that detainment is appropriate, the defendant will be held in the county jail until the resolution of their matter. However, if the defendant successfully rebuts the presumption or the State fails to meet Its burden, the defendant will be released either on their own recognizance or on a varying level of monitoring.
Why Do You Need an Experienced Criminal Defense Attorney at a Pretrial Detention Hearing?
If you have been arrested on Complaint Warrant, chances are that the State will file a motion for pretrial detention. It is crucial that you have an experienced criminal defense attorney to help secure your release pending the resolution of your matter. An experienced criminal defense attorney can highlight your character, family ties, education, low risk of failure to appear or threaten the safety of others, and other positive traits to secure your release.
If you or your loved one is facing pretrial detention, it is imperative that you contact the team at Karpus Law. Please call (973) 645-9453 to schedule a free consultation.
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