NEW JERSEY CRIMINAL LAWYERS

NJ NEW JERSEY PRETRIAL DETENTION & RELEASE LAWYERS

Securing Pretrial Release in New Jersey: How a Skilled Attorney can Help

Pretrial detention in New Jersey is an uneasy experience for anyone facing criminal charges. The recent enactment of the Criminal Justice Reform Act has resulted in significant changes to the pretrial release system in New Jersey. Individuals have two primary options when arrested on a warrant complaint; either obtain pretrial release at their first appearance or remain in custody, relying on a prosecutor’s motion to detain.

If you’re looking to secure pretrial release, it’s essential to hire an experienced attorney who can represent your interests at your detention hearing. Spodek Law Group is your chance of securing pretrial release. With decades of experience defending clients from criminal charges statewide, our team comprises legal professionals and former prosecutors with vast knowledge and strategies to argue compellingly for release during detention hearings.

When someone is arrested on criminal charges in New Jersey, they have several questions regarding the pre-trial process that needs immediate answers. Here are some critical factors to consider:

Understanding Pre-Trial Detention Process in New Jersey

The New Jersey Court rule 3:4A governs how pretrial detention works. This rule provides detailed information on what one needs to know about pretrial detention before hiring a lawyer.

When Can Someone be Detained?

Individuals might only face pre-trial detention if they are subject to warrant complaints or accused of disorderly persons offenses involving domestic violence such as harassment or simple assault.

How Long Is Initial Detention on a Criminal Charge?

Once detained by police custody, defendants must see a judge for their first appearance within 48 hours.

What Has To Happen For A Defendant To Be Released At Their First Appearance?

During the first appearance, the court reviews the defendant’s public safety assessment score and evaluates the presented facts and circumstances to ensure that the defendant won’t pose a safety risk or hinder the criminal justice process.

How Is The Process Different If A Motion To Detain Is Filed?

If a prosecutor files a detention motion, the decision on pretrial release is not determined by the court. Instead, the motion heard within three working days of its filing.

Can Someone Be Released Even Though A Motion To Detain Has Been Filed?

Defendants can still argue for pretrial release during the hearing. If the judge finds that releasing them will not pose any risks to public safety or impede their trial, then they may be granted pre-trial release.

What Are The Standard Conditions When Someone Is Granted Pretrial Release?

The standard conditions for pre-trial release stipulate no contact with victims, witnesses in the case, or involvement in new criminal activities.  Defendants must also comply with any reporting requirements set by the court.

Are There Different Levels of Reporting and Supervision on Pre-Trial Release?

Yes. A defendant’s reporting schedule depends on their supervision level ranging from I to III plus. For instance, Level I requires monthly telephone reporting while Level III plus requires daily electronic monitoring.

Is There a Presumption for Release or Detention under New Jersey Law?

Individuals charged with murder or offenses exposing them to life imprisonment are presumed detained awaiting trial. On the other hand, all other cases imply that defendants should be granted pretrial release as they await trial.

Spodek Law Group: Attorney for Pre-Trial Detention

At Spodek Law Group, our team of experienced lawyers has helped many clients facing similar circumstances win favorable outcomes at their detention hearings throughout New Jersey counties—from Camden County (Camden) and Burlington County (Mount Holly) to Hudson County (Jersey City), Monmouth County (Freehold), Somerset County (Somerville), and more. We have the expertise, skill, and experience to provide you with competent legal representation that is needed during this trying time.

Our firm consists of legal professionals and former prosecutors who can present a compelling case for your pre-trial release. We understand how important it is to stay connected with families and avoid any legal complications affecting your professional or personal life. Don’t let detention take over your life; contact our team of attorneys for immediate support.

Call us now at 212-300-5196 to book a free consultation. The earlier you contact us, the better chance we have of securing pretrial release for you!