What is a Detention Hearing?

A detention hearing, also called a pretrial detention hearing or bond or bail hearing, is held to determine whether a defendant should be detained or kept in jail until the resolution of their case or released while awaiting trial. It must be held within two days of the defendant’s arrest unless an extension of several days is requested by the prosecution or agreed to by the defendant.

Ultimately, the judge must determine whether the defendant is a danger to themselves or the public or a flight risk. The defendant will remain incarcerated without bail if the judge decides that they are a safety or flight risk. On the other hand, the defendant will be released on bail if the judge determines they are not a safety or flight risk.

Facing a detention hearing is a confusing and overwhelming experience that requires legal representation. A skilled New Jersey criminal defense lawyer knows exactly how detention hearings work and can boost your chances of getting released with appropriate conditions.

What Happens at a Detention Hearing?

Detention hearings are less formal than trials and typically last 30 minutes to an hour. Here’s what you can generally expect at your detention hearing:

• Summarization of the charges. The judge will explain the charges against you and their corresponding penalties.
• The argument of the prosecution. The prosecutor will argue that you are a danger to the public or a flight risk. They can provide evidence verbally and are not required to provide documentation or present eyewitnesses.
• The argument of the defense. Your New Jersey criminal defense lawyer will highlight details about your background and community ties, dispute the charges against you, and propose appropriate pretrial release conditions.
• The testimony of the defendant. This is optional, but you can testify against the claims made by the prosecution. However, this is risky because it gives the prosecutor an opportunity to cross-examine you.
• Rebuttal arguments. Both sides will be given an opportunity to respond to each other’s arguments.
• The ruling of the judge. The judge will decide whether to detain you or release you on bail. The judge may or may not take a recess to evaluate the facts of the case.

Working with a New Jersey criminal defense lawyer can mean the difference between getting released or staying in jail. In general, they can strengthen your case by disputing your alleged dangerousness, highlighting your community ties, proposing release restrictions, and proposing a financial bond, among others.

What Happens If I Lose My Detention Hearing?

Losing your detention hearing doesn’t automatically mean you’ll stay in jail until your trial or the resolution of your case. Your New Jersey criminal defense lawyer can appeal the detention ruling and get it overturned. They can also request another pretrial detention hearing and highlight new information about you, including obtaining counseling, finishing a drug or alcohol treatment program, and getting a job, among others.

Consult With Our Seasoned New Jersey Criminal Defense Lawyer Today

To learn how our New Jersey criminal defense lawyer can help you win your detention hearing and ultimately fight the charges against you, contact The Law Offices of Christopher St. John as soon as you can. Schedule your free case review with our New Jersey criminal defense lawyer by reaching us online or calling 856-296-3481.