PRETRIAL DETENTION

Experienced NJ Lawyer Knows How to Get You Out of Jail

The Pretrial Services Program, abbreviated PSP, aims to assure court appearance of a defendant, and on a larger scale, to limit the potential for obstruction of the criminal justice system. This program handles people charged with indictable offenses and replaced the cash bail system in New Jersey. Right after an arrest, a defendant is detained while the program prepares a report containing recommendations directing the conditions of the defendant’s release from jail. The courts use a computerized risk assessment tool, called the Public Safety Assessment (PSA), to determine the likelihood that a defendant is a risk to the community and or will to appear in court. Before Pretrial Detention may occur, the prosecutor must seek the detention of an eligible defendant by filing a motion and waiting for the detention hearing. If a defendant has a criminal history, especially of similar or violent charges, and if they also previously failed to appear for court, it is more likely that the prosecutor will file the motion to keep them detained. 


Once someone is released, they are usually placed under certain monitoring conditions that vary based on the nature of the crime. These conditions usually include a designated residence and regular check-ins with Pretrial Services. We assist our clients in complying with these conditions and have experience fighting to get these conditions changed when necessary. The defendant must attend all hearings to avoid a bench warrant. If someone is detained under a bench warrant, then sometimes monetary bail will be used like a deposit to make sure a defendant attends the rest of their hearings. As long as they attend all the hearings after the bail is posted, it will be returned to them upon resolution of the case, no matter what the outcome is. 

UPDATED PRETRIAL RELEASE GUIDELINES REGARDING CANNABIS CHARGES AND USE

With the decriminalization of marijuana, certain related charges will now be excluded from the PSA. These charges include distribution of marijuana, distribution in a school zone, and possession of marijuana or paraphernalia. Since some drug-related charges do not specify the substance involved, Pretrial Services staff has to determine whether cannabis was the substance in question. If the previous charges are determined to be marijuana related, they must be manually removed from the PSA. If you have a prior marijuana related offense and are being charged with a new crime, our offices will carefully review your report to make sure that none of these marijuana-related charges are held against you. 


Once a defendant is granted Pretrial Release, they receive a Pretrial Release Order listing any prohibited activities and other monitoring conditions that must be complied with until completion of their case. Depending on the charges, they may be required to submit to drug testing. Pretrial Services are not allowed to ask defendants about their marijuana use and suspected use cannot be considered a Violation of Monitoring. If a defendant tests positive for marijuana, they should not be marked as non-compliant. To learn more about how marijuana legalization affected Pretrial Services, please see our article.

WE ARE PREPARED TO DEFEND YOUR PRETRIAL RIGHTS

In order to commit a defendant to Pretrial detention, the court has to find clear and convincing evidence that no release conditions would reasonably assure the eligible defendant’s appearance in court when required and the protection of the community. When detention proceedings are held before the indictment, the prosecutor must establish probable cause that the defendant committed the offense. 


When making a decision on a Pretrial detention motion, the Judge may consider the nature and circumstances of the offense, the weight of the evidence, the history and characteristics of the defendant, such as their character, their professional or educational goals, physical and mental condition, family or community ties, whether the defendant was on probation or parole, the nature and seriousness of potential danger to any other person or the community, the nature and risk of obstructing or attempting to obstruct the criminal justice process, and the release recommendation of the court staff. It is important to note that a detention hearing may be reopened at any time before trial if new information surfaces that was not known at the time of the hearing and has a significant effect on the defendant’s risk assessment. 


Crimes eligible for detention include 1st or 2nd degree No Early Release Act (NERA) cases and crimes carrying an ordinary or extended term of life imprisonment. Further, there is a presumption against release if the defendant has been convicted under any of the following offenses: Megan’s Law offenses involving sexual assault, endangerment, or human trafficking of a minor; any unlawful weapons possession that falls under the Graves Act; certain offenses involving domestic violence; and finally, for any other crimes for which the prosecutor can prove that there is a serious risk to the public or the justice system. When someone is charged with one of these serious offenses or has a criminal record, they need an experienced criminal defense attorney to fully review the facts of the alleged incident in order to make a case for Pretrial release. 

 

Here at the Law Offices of Eric B. Morrell, we regularly handle detention hearings and are prepared to fight for Pretrial release. After we handle your detention hearing, our office’s policy is to continue to defend you for the entire case. If you or a loved one has been arrested and you need representation to ensure their release, please do not hesitate to reach out.

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