The days of simply posting a monetary bail with the court or seeking the assistance of a bail bondsmen are in essence long gone. The bail system in New Jersey has shifted gears and is now focused on a risk assessment, done an individualized basis, as opposed to a pure economic means of the individual. If you have been arrested and charged on a warrant for an indictable offense (felony) or a disorderly persons offense (misdemeanor) that is classified as an act of domestic violence, the individual must be taken to the county jail so that Pretrial Services can conduct their Public Safety Assessment (PSA). This could take up to forty-eight (48) hours. Based on the PSA score and the prosecutors position, they could file for a Detention Hearing. If that occurs, the prosecution is seeking to convince the judge that the individual must be detained in jail, without bail, pending trial. This could turn an already stressful situation into an absolute nightmare.
Need a Lawyer for a Bail Hearing in Mercer County
If you or a loved one is being detained in the Mercer County Jail pending a Detention Hearing, the Law Offices of Keith Oliver Criminal Law can help. These hearings can and always should be contested. Being detained, without bail, will almost certainly effect your ability to defend your case. If you would like to speak to one of our Mercer County criminal defense attorneys about your options, then please call our Hamilton office at 609-789-0779. One of our lawyers will be glad to go over the specifics of your case and formulate a game plan to attack the prosecutions motion. We serve all of Mercer County, including Trenton, Hamilton, West Windsor, East Windsor, Ewing, Lawrenceville, Princeton, Robbinsville and Hightstown. Also, our initial consultations are always free of costs, so if you have any questions whatsoever, please do not hesitate to contact us. Once these hearings are conducted, it can prove to be very difficult to overturn the judge’s decision.
Common Charges Subject to a Detention Hearing in New Jersey
Pursuant to Rule 3:4A(a):
A prosecutor may file a motion at any time seeking the pretrial detention of a defendant for whom a complaint-warrant or complaint-warrant on indictment is issued for an initial charge involving an indictable offense, or a disorderly persons offense involving domestic violence, as provided in N.J.S.A. 2A:162-15 et seq. A defendant who is the subject of a warrant on indictment is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq.
Some of the most common indictable charges that a prosecutor seeks to file detention on in New Jersey include but are not limited to the following:
- Robbery
- Murder
- Burglary
- Unlawful Possession of a Weapon
- Witness Tampering
- Aggravated Assault
- Aggravated Sexual Assault
- Eluding
- Cyber-Harassment
Some of the most common disorderly persons offenses that a prosecutor seeks to file detention on in New Jersey include but are not limited to the following:
Potential Outcomes of a Detention Hearing in NJ
Most individuals who will be subject to a Detention Hearing in New Jersey will be notified during their Central Judicial Processing Hearing (CJP), which typically takes place within 48 hours of the individual’s arrest. This hearings will take place on the weekends if need be. At a Detention Hearing it is the prosecutions burden to establish by clear and convincing evidence that their is a serious risk that the Defendant:
- Will fail to appear in court as required;
- Will pose a danger to any other person or the community; and/or
- Will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.
If defense counsel can establish that the prosecution has failed to meet their burden, then the Defendant must be released and could be released upon conditions, which can include:
- ROR
- Calling and Checking in with Pretrial Services
- Reporting to Pretrial Services
- No Victim Contact
- House Arrest
- Ankle Monitor
If a Defendant who is released on pretrial detention violates any of the conditions imposed, the prosecution can always seek revoke the pretrial release and have them detained in the jail without bail, pending trial.
Bail Hearing Attorney in Mercer County NJ
If you have been charged with a serious criminal offense in Mercer County, New Jersey and are subject to a detention hearing, the Keith Oliver Criminal Law can help. If you would like to speak to one of our criminal defense attorneys today about your options then please contact our Hamilton office at 609-789-0779 or you can try contacting us online. Our office services all of Mercer County, including Hopewell, Princeton, Ewing, Hamilton, West Windsor and Trenton. If you have any questions whatsoever, please do not hesitate to contact us.
