- posted: Jul. 24, 2025
The Pretrial Detention Process
At EBM Law, we strive to secure the best outcomes for our incarcerated clients even before their cases reach trial. In practical terms, this often means securing the release of our incarcerated clients, and once released, working to modify the conditions of their pretrial release.
Once a client is arrested and processed by a police department for an indictable offense, their case is transferred to the appropriate county’s superior court, and they are temporarily held in that county’s jail until a detention hearing occurs. Often, an Assistant Prosecutor will file a motion for pretrial detention if they believe the defendant poses a risk to the community or may attempt to flee. The Pre-Trial Detention Unit will calculate Public Safety Assessment (PSA) scores, measuring the defendant’s perceived risks of failing to appear and committing additional crimes if released.
Though these scores are meant to help the court determine whether or not an inmate should be released in anticipation of their trial, their algorithmic nature can result in imperfections. Our offices are experienced in interpreting these scores and expressing to the court how they may not reflect a complete picture of our clients’ backgrounds and pending charges. Our offices always file a detailed Opposition to Detention Motion with additional information that helps in securing releases from pre-trial detention. However, if the judge decides to detain the defendant in anticipation of their trial, they will remain in the custody of the county jail.
Reopening Detention
Even if a judge initially decides to have a defendant detained before their trial, situations exist in which a second detention hearing may occur, allowing the judge to reconsider. Our offices may file a Motion to Reopen a Detention Order if new evidence or changing circumstances arise that were not expressed before the judge at the initial hearing. For instance, a client may choose to enter into psychological or substance abuse treatment if appropriate.
If the client makes significant progress in such a program, their commitment to self-improvement can be submitted as new evidence to reopen a detention hearing. EBM Law is vastly experienced in drafting such motions that often lead to the release of our clients from incarceration. Utilizing our network of mental health professionals, we have secured the pretrial release of our clients from numerous county jails across New Jersey.
Modifying Conditions of Pretrial Release
If, at any point, a judge decides to release a defendant before their trial, the judge may order the defendant to abide by certain conditions. These conditions may include home detention, electronic monitoring, travel restrictions, curfews, and/or maintaining employment or school enrollment. If a client’s circumstances change between court appearances and the conditions of their pretrial release must be changed, our offices can file a Motion to Modify the Conditions of Pre-Trial Release. Recently, a young client of ours was subject to stringent conditions of pretrial release that confined him to his home with few exceptions. After successfully filing a motion to modify the conditions of his pre-trial release and appearing before the court, our offices were able to have his conditions of pre-trial released to allow him to live on-campus at a local university with almost no restrictions. EBM Law consistently works hard to deliver the results needed to accommodate our clients’ specific circumstances.
Typically, an order to modify the conditions of pretrial release will be signed by a judge if the defendant displays extended compliance with the original conditions of their release. Our offices are experienced in drafting such motions and in helping our clients navigate the conditions of their release. As such, when their circumstances change, we are often successful in modifying the conditions of their release. If you have any questions about reopening detention hearings, modifying conditions of pretrial release, or any New Jersey criminal matter, please contact our offices.
EBM Law’s Commitment
The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick, NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are:
Criminal Defense
DUI/DWI
Guns & Weapons Crimes
Pre-Trial Detention Hearings
Expungements for Prior Convictions
- posted: Jul. 24, 2025
The Pretrial Detention Process
At EBM Law, we strive to secure the best outcomes for our incarcerated clients even before their cases reach trial. In practical terms, this often means securing the release of our incarcerated clients, and once released, working to modify the conditions of their pretrial release.
Once a client is arrested and processed by a police department for an indictable offense, their case is transferred to the appropriate county’s superior court, and they are temporarily held in that county’s jail until a detention hearing occurs. Often, an Assistant Prosecutor will file a motion for pretrial detention if they believe the defendant poses a risk to the community or may attempt to flee. The Pre-Trial Detention Unit will calculate Public Safety Assessment (PSA) scores, measuring the defendant’s perceived risks of failing to appear and committing additional crimes if released.
Though these scores are meant to help the court determine whether or not an inmate should be released in anticipation of their trial, their algorithmic nature can result in imperfections. Our offices are experienced in interpreting these scores and expressing to the court how they may not reflect a complete picture of our clients’ backgrounds and pending charges. Our offices always file a detailed Opposition to Detention Motion with additional information that helps in securing releases from pre-trial detention. However, if the judge decides to detain the defendant in anticipation of their trial, they will remain in the custody of the county jail.
Reopening Detention
Even if a judge initially decides to have a defendant detained before their trial, situations exist in which a second detention hearing may occur, allowing the judge to reconsider. Our offices may file a Motion to Reopen a Detention Order if new evidence or changing circumstances arise that were not expressed before the judge at the initial hearing. For instance, a client may choose to enter into psychological or substance abuse treatment if appropriate.
If the client makes significant progress in such a program, their commitment to self-improvement can be submitted as new evidence to reopen a detention hearing. EBM Law is vastly experienced in drafting such motions that often lead to the release of our clients from incarceration. Utilizing our network of mental health professionals, we have secured the pretrial release of our clients from numerous county jails across New Jersey.
Modifying Conditions of Pretrial Release
If, at any point, a judge decides to release a defendant before their trial, the judge may order the defendant to abide by certain conditions. These conditions may include home detention, electronic monitoring, travel restrictions, curfews, and/or maintaining employment or school enrollment. If a client’s circumstances change between court appearances and the conditions of their pretrial release must be changed, our offices can file a Motion to Modify the Conditions of Pre-Trial Release. Recently, a young client of ours was subject to stringent conditions of pretrial release that confined him to his home with few exceptions. After successfully filing a motion to modify the conditions of his pre-trial release and appearing before the court, our offices were able to have his conditions of pre-trial released to allow him to live on-campus at a local university with almost no restrictions. EBM Law consistently works hard to deliver the results needed to accommodate our clients’ specific circumstances.
Typically, an order to modify the conditions of pretrial release will be signed by a judge if the defendant displays extended compliance with the original conditions of their release. Our offices are experienced in drafting such motions and in helping our clients navigate the conditions of their release. As such, when their circumstances change, we are often successful in modifying the conditions of their release. If you have any questions about reopening detention hearings, modifying conditions of pretrial release, or any New Jersey criminal matter, please contact our offices.
EBM Law’s Commitment
The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick, NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are:
Criminal Defense
DUI/DWI
Guns & Weapons Crimes
Pre-Trial Detention Hearings
Expungements for Prior Convictions
