2017 BAIL REFORM IN NEW JERSEY: DETENTION HEARINGS, RISK ASSESSMENT, DEFENDANT’S RIGHTS

2017 BAIL REFORM IN NEW JERSEY:

DETENTION HEARINGS, RISK ASSESSMENT, DEFENDANT’S RIGHTS

            As of January 1, 2017, bail reform in the state of New Jersey has become the hottest topic in criminal law. Everyone is still adapting to the new way bail works in the State, many have no clue about it. Lawyers are realizing that they may be appearing in court on behalf of clients on weekends, those who are arrested are learning they can be held for 48 hours before a risk assessment hearing is conducted. This post will explore how bail now works in New Jersey, so listen up because things are much different than what they used to be.

            The first thing to know is that New Jersey has moved away from a monetary based bail system ($$$ Money Bail) to a risk-based system. Currently when someone is arrested in New Jersey, the police now have more discretion than ever in deciding to issue a warrant-complaint or a summons-complaint. If the police decide to issue a summons-complaint, the defendant will be released on their own recognizance. This means the individual arrested will just be given a document stating what they are charged with and when they need to appear in court; they do not need to post any bail. Summons-complaints typically will be issued to those facing non-violent offenses, a perfect example is someone charged with drug possession.  

            If a person is arrested and issued a warrant-complaint they will be detained and held for up to 48 hours while a Pretrial Risk Assessment is completed.  A warrant-complaint can be issued for those charged with felonies or disorderly persons offenses (misdemeanors). This is the most important time to hire an attorney. We are now living in a time where a bail-bondsman will no longer be contacted before an attorwarrant-summons, it’s crucial to hire an attorney immediately!  

ney is hired. Simply put, if you are being held on a

            Why is this important? This is important because a person who was arrested and issued a warrant-complaint will be held for up to 48 hours before a hearing is conducted, a hearing in which they will need an attorney arguing on their behalf for a release with minimal terms. The scary part about the new bail system is that the State can argue that you should not be released at all and move for detention (no release at all). This is why it is important to hire an attorney immediately.

            The court will use a Risk Assessment Tool, which is objective and standardized, in measuring the likelihood that the defendant will commit new crimes if released, if the crime they were arrested for was a violent crime, and the likelihood of them failing to appear in court. Risk measures are based on data including the defendant’s age, current charge, prior conviction and sentences, and the amount of prior times they failure to appear in court when scheduled. The decision to release and the terms of the release are based on all circumstances, the risk assessment conducted by pre-trial services, and the recommendation made by pre-trial services. Pretrial services uses a point system known as a Risk Scale to determine the likelihood that new criminal activity will be committed and the likelihood that the defendant will fail to appear in court (flight risk). The risk scale will determine, based on the point assessment, whether they are a high risk offender or low risk offender.

            At the end of the hearing a determination is made on whether the defendant will be released without any bail conditions, released with conditions, released after paying a monetary bail ($$$) to assure appearance in court, released with some combination of monetary bail and conditions, or if they will not be released and the judge orders a detention hearing. If the State files a motion to request detention (no release), a detention hearing will be scheduled and heard by a New Jersey Superior Court judge between 3-5 days. This means a defendant can be sitting in jail for multiple days before a determination is made.

            A defendant has certain rights at a Detention Hearing. Those rights include the right to be represented by counsel, the right to have that attorney cross-examine any witnesses, the right to present evidence, the right to call defense witnesses, and the right to challenge if probable cause exists. Hire a law firm that can challenge the evidence and hold the State to their burden of proof.

           What can we do for you or your family? The attorneys at Roberts & Teeter, LLC know how to evaluate the risk assessment scores, review police reports and the complaint, review and understand the client’s past criminal history, and convey personal information to persuade a judge to release our client. We also know how to evaluate the strength of a case, consider all the possible outcomes, and know the ins and outs of New Jersey’s pretrial program and what supervision services it offers. Hiring the right attorney can be the difference between being detained or being released; the difference between being forced to pay a monetary bail or not; the difference between being released on a bracelet or being released without one.

            If you or a family member have been arrested for a crime in the state of New Jersey, call the attorneys at Roberts & Teeter, LLC today! Our consultations are always free and we take time to sit down and explain things in depth so that our clients and their families feel comfortable.  Call us today at 732-325-0814.