New Jersey has done away with the traditional bail system that was used before the Criminal Justice Reform Act of 2017. Now, after being arrested, you will have to attend a first appearance hearing where the prosecutor will decide if they wish to submit a motion for detention. If a motion for detention is filed, then you will have to attend a detention hearing where the judge decides whether you will be remanded.
Being remanded in custody in New Jersey means that you will have to wait in jail until your case has been resolved. There are a multitude of factors that the court may look at when deciding whether you should be remanded. Generally, the main issues involve the likelihood you will attend court dates as necessary and your propensity to commit additional crimes upon your release.
If you need help with your criminal case in New Jersey, get in touch with our experienced New Jersey criminal defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Happens When You Are Remanded in Custody in New Jersey?
If you are remanded in custody in New Jersey, then you will be held in jail for the entire time your case is pending. Being detained throughout the duration of your case can be a traumatic experience. Defendants who are held in prison may suffer serious emotional and physical injuries. Furthermore, they may be more likely to relapse into criminal behavior. It is also harder to fight your case, collect evidence, and meet with your Atlantic City criminal defense lawyer while you are in jail.
When Will You Be Remanded in Custody in New Jersey?
There are several different factors that can come into play when the judge is deciding whether to remand you in custody. First, there may be a presumption that you should be detained if you are being charged with a crime that may result in lifelong imprisonment. For example, if you are being accused of murder, then there is a presumption that you will be detained. For all other crimes, there will be a presumption that you should be released while your case is resolved.
If there is a presumption that you should be detained, then it is up to you to prove why being remanded is not necessary. On the other hand, if there is a presumption that you should be released, then the prosecution must present evidence that proves your detention is necessary.
The main considerations that come into play when deciding whether you should be detained are the probability you will fail to appear in court and the likelihood that you will engage in new criminal activity. Before your hearing takes place, the judge will receive a pretrial risk assessment that measures the possibility you will not comply with necessary conditions upon being released. Furthermore, during your hearing, there are multiple types of evidence that the prosecution may present that supports their motion for detention. If you have exhibited a history of not appearing for court dates, engaging in criminal conduct while on probation or parole, or are being charged with a violent crime, then it can be more difficult to avoid being remanded in custody.
What Criminal Charges Are You Likely to Be Remanded in Custody for in New Jersey?
Criminal offenses in New Jersey are divided into two categories. “Indictable crimes” refer to serious offenses like robbery and sexual assault. Meanwhile, “disorderly persons offenses” describe lesser offenses like disorderly conduct or resisting arrest.
For the prosecution to file a motion for detention against you, you must be charged with an indictable crime or a disorderly persons offense that involves domestic violence. The severity of the crime you are being accused of may play a major role in determining whether you will be remanded. Generally, defendants who are facing more serious charges are more likely to be detained while their cases are unfolding.
How to Avoid Being Remanded in Custody in New Jersey
During your detention hearing, you may argue your case and fight to avoid being remanded in custody. There are several potential defenses that you may employ.
First, you may argue that your insignificant criminal record and current life support the argument for your release. For example, you may present evidence that demonstrates you have a clean record, you have maintained steady employment, and that you have strong ties to your family and the community. Such evidence can be highly effective when seeking to prove that pretrial detention is unnecessary.
You may also avoid being remanded in custody by challenging the strength of the prosecution’s case. In order for you to be detained, the prosecutors must prove that there is probable cause to believe you are guilty of the charges you are facing. If you can show that there is serious doubt you will be convicted at trial, then the judge may decide that you should be released.
Can You Post Bail in New Jersey?
As part of the Criminal Justice Reform Act of 2017, the state of New Jersey has done away with the bail system. Prior to 2017, anyone charged with a crime could pay a bail bond that kept them from being remanded in custody. However, this system allowed many serious issues to develop. For example, bail bondsmen were accepting extraordinarily low payments to release people. This meant that defendants’ friends and families were often on the hook for expensive, high-interest loans. Additionally, many defendants who posted bail engaged in new criminal behavior after being released. Therefore, cash bails and bail bonds do not exist in the current system.
If You Need Help with Your Criminal Case in New Jersey, Get in Touch with Our Attorneys as Soon as Possible
Seek support from our experienced Sea Isle City criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.