Cherry Hill Detention Hearings Attorney

Being charged with a state or federal crime brings about anxiety and fear. Legal jargon can confuse anyone, but you are likely concerned about the impact a criminal charge will have on your future.

In some criminal cases, a detention hearing may be held to determine if an individual will be released prior to trial. If the court deems that you are a threat to the public or are a “flight risk,” you may remain incarcerated up until your trial date.

Having an experienced criminal defense lawyer explain what to expect at a detention hearing is crucial. In criminal cases, the process moves fast, so it is important you act quickly. The moment you are arrested for a crime is the moment you should contact a NJ criminal defense attorney.

Complaint-Summons versus Complaint-Warrant

Law enforcement must have probable cause to obtain a warrant for a person’s arrest. A person may be arrested under a complaint summons or complaint-warrant.

If the defendant is charged with a complaint-summons, then the accused will be released after the booking process is completed. When a complaint-warrant is issued, the accused will be taken into custody and transported to the County Jail.

Pretrial services staff will conduct an assessment, known as a Public Safety Assessment (PSA). The PSA is used to determine the likelihood that a person will appear in court as scheduled and not commit any further offenses if released from jail. The judge will review the PSA when making his or her decision. A PSA is not required for defendants charged with a complaint-summons.

First Appearance

According to NJ Rev Stat §2A:162-17, the accused is entitled to appear in front of a judge within 48 hours of being taken into custody. Usually, a detention hearing will be held at the defendant’s first appearance but may be held later if the prosecution files a motion for detention after the fact.

Motion for Detention

A prosecutor can file a motion for pretrial detention of the defendant at any time. This is asking the court to keep the defendant in jail.

Discovery

The prosecution must provide the defendant with discovery relating to his or her release. Discovery is any information or evidence that would affect the defendant’s release from jail.

Detention Hearing

In New Jersey, a detention hearing will be held before a Superior Court judge. At the detention hearing, the prosecutor and defense attorney will argue their respective positions. The prosecution has the burden of proving that you committed the alleged crime and that you are a “flight risk.”

Under NJ Ct. R. 3:4A(b)(2), the defendant has the right to be present at the detention hearing. The defendant is also given the right to testify, present witnesses, and cross-examine witnesses.

Once both sides have presented their case, the judge will render a decision. There are three possible outcomes of a detention hearing:

• The defendant is released: The court rules that the defendant is free to go but must appear in court on a certain date.
• The defendant is released with conditions: The defendant is released from custody but is monitored by pretrial services staff leading up to trial.
• The defendant is detained: The defendant remains incarcerated, awaiting trial.

Charged with a Crime? Contact our NJ Criminal Defense Lawyer Immediately

Being able to rely on dependable counsel is essential when fighting criminal charges. If you have been charged with a crime in the Garden State, you probably have a lot of questions. To speak with a NJ criminal defense lawyer, contact our office today by calling 856-296-3481 or by filling out our online contact form.