What Happens Prior to a New Jersey Detention Hearing?

Before the detention hearing stage in the New Jersey criminal justice process, the police must arrest you for a specific charge, and the prosecutor must process and initiate a case against you. While the police can recommend that the prosecutor file additional charges, it is up to the prosecutor to decide which charges to file. You will learn about the charges during your first court appearance or arraignment.

To fully understand your legal options after getting arrested and prepare yourself for what happens next, it is crucial that you have an experienced New Jersey criminal defense lawyer working on your case.

What Happens After an Arrest in New Jersey?

After getting arrested, the arresting officer will bring you to the station, where you will be booked and possibly detained. During booking, the police will collect your personal information and fingerprints and confiscate any property you have on your person. After being booked, you may be detained in jail if you were issued a complaint warrant.

You will be released until your first appearance if you were issued a complaint summons. However, take note that the judge may revoke your release if further information determines you are a danger to the public, have tried to deceive the criminal justice process, or have committed another crime. If you need medical attention, you must be sent to the nearest hospital for a checkup before being sent to jail.

Once detained, the prosecution and local police officers will supervise a Public Safety Assessment that the pretrial services will administer. The PSA involves a thorough evaluation to determine whether you are a risk to public safety if you are released. It considers risk factors involving your history of appearing in criminal court and adult criminal records. Domestic violence protective orders and juvenile records will not be considered during the evaluation. These risk factors include:

• Your age
• Any pending charges during your current alleged offense
• Whether your current offense involves violence and to what degree
• Previous convictions or criminal felonies
• Any previous convictions for disorderly person crimes
• Whether you have failed to appear at a previous pretrial hearing
• Previous sentence to incarceration

The judge will schedule your arraignment hearing within 48 hours after you were held in custody to decide whether the prosecution will request your detention while you wait for your trial. Ideally, at this point, or right after getting arrested, you should have already contacted a New Jersey criminal defense lawyer to get started on building your defense because next is the pretrial detention hearing.

The detention hearing will be held 72 hours or so after your arraignment. Depending on the outcome of the hearing, you may be detained in jail until your trial or released with specific conditions.

Seek Legal Guidance From Our Skilled New Jersey Criminal Defense Lawyer Now

A New Jersey criminal defense lawyer is an invaluable advocate who will guide you throughout the entire criminal justice process. To learn how our New Jersey criminal defense lawyer at The Law Offices of Christopher St. John can assist you, reach out to us online or call 856-296-3481 to book your free case evaluation with our New Jersey criminal defense lawyer.