If the prosecution files a motion for detention against you, then you will have to attend a detention hearing. During this hearing, the judge will decide whether you should be held in prison throughout the duration of your case.
A motion for detention will only be filed against you if you are being charged with an indictable crime or a disorderly persons offense involving domestic violence. Furthermore, during your detention hearing, there is a presumption that you should be released while your case is pending unless you are being charged with murder or another crime that carries the penalty of life imprisonment. For all other offenses, the burden is on the prosecution to establish why you should be detained.
After being arrested in New Jersey, seek help from our experienced New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
Crimes That Can Lead to Pretrial Detention in New Jersey
In New Jersey, criminal offenses are divided into two separate categories. “Disorderly persons offenses” refer to minor offenses that may be called “misdemeanors” in other states. Common examples of disorderly persons offenses include simple assault, minor drug charges, resisting arrest, and disorderly conduct. Meanwhile, “indictable crimes” describe more serious offenses that may be called “felonies” in other states. Examples of indictable crimes include murder, aggravated assault, various sex crimes, and robbery.
In order for the prosecution in your case to file a motion for detention, you must have been charged with either an indictable crime or a disorderly persons offense involving domestic violence. After the motion for detention is filed, you will have to attend a detention hearing where the judge will determine whether to hold you in jail while your case is pending and our Ocean City criminal defense lawyers can represent you at this hearing.
At your detention hearing, there will be a presumption that you should be detained if you are facing a murder charge or another type of charge that could result in life imprisonment. To defeat this presumption, you must prove that you will show up to court as required and you will not pose a threat to society while you are released.
If you are facing a charge for any other crime, there will be a presumption that you should be released while your case is prepared. In this case, the burden is on the prosecution to establish why you should be detained. To accomplish this task, they must prove that there is probable cause to believe you committed the crime being alleged. Furthermore, prosecutors must prove that you are a flight risk, a danger to the community, and are likely to obstruct justice.
If the judge in your case rules in favor of pretrial detention, then you must remain in jail until your case is resolved.
What Does the Court Consider When Deciding on Pretrial Detention in New Jersey?
There are multiple factors that will be considered when deciding on pretrial detention in your case. One of the first factors considered is the severity of the crime you are being accused of committing. As previously mentioned, for crimes like murder and others that carry the potential for life imprisonment, there will be a presumption during you should be detained. Furthermore, those who are accused of domestic violence are also more likely to be detained. That is because domestic violence offenders may pose risks to victims if they are released.
Your criminal history will also be considered when deciding whether to hold you in jail while your case is pending. For instance, if you have a history of failing to appear for court dates and committing crimes while on parole or probation, you are more likely to be detained. Additionally, the nature of your past crimes will be evaluated to determine if you pose a risk of obstructing justice by destroying evidence or intimidating witnesses.
Finally, personal background information such as your physical wellbeing, mental state, employment history, substance abuse history, and financial status may be taken into consideration by the judge when deciding on pretrial detention. If you can establish a positive connection to your community, then you may be more likely to be released.
Can You Reopen Your Detention Hearing in New Jersey?
If new information arises in your case that would have altered the judge’s determination at your detention hearing, you may have the hearing reopened. In order for your detention hearing to be reopened, the new evidence or circumstances at issue must be significant enough to have substantially affected the judge’s original decision on pretrial detention.
Reopening Your Detention Hearing vs. Appealing Pretrial Detention in New Jersey
Requesting to reopen your detention hearing is a distinctly different process than appealing your pretrial detention. To appeal your pretrial detention, you must seek a leave to appeal the provisional decision. There are many reasons you may want to appeal the judge’s decision in your case. For example, their decision may have relied upon an inaccurate fact from your criminal history. Further, you may assert that the prosecution failed to establish probable cause for the offense you are accused of committing.
However, you must remain detained while your appeal is evaluated. Furthermore, decisions pertaining to your release conditions reserve no right for appeal.
What Conditions Can Be Imposed Upon Your Release in New Jersey?
If the judge decides you should be released while your case is pending, there may be certain conditions you must satisfy. There are four different levels of supervised release. Some of which may include regularly checking in with pre-trial officers in person or by phone. Other levels of supervised release may even include sentences for house arrest with electronic monitoring.
After Being Charged with a Crime in New Jersey, Call Our Attorneys for Help
Get help from our experienced Atlantic City criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.