How To Defend A Detention Motion

Experienced Detention Hearing Defense Lawyers With Over 200 Years Of Combined Experience Serving As Prosecutors & Defending Criminal Cases

A major stage of a New Jersey criminal case is a detention hearing. This proceeding only arises if a motion to detain has been filed by the prosecutor at or before a defendant’s initial appearance. The outcome of the detention motion dictates whether a defendant is released from jail during the pendency of his/her case or remains in custody until the charges are resolved (i.e. plea, dismissal or trial). Since a criminal charge can easily take more than six months to conclude, the stakes are extremely high when a motion to detain is filed. Hiring an attorney to skillfully defend a detention motion is an absolute necessity for anyone who wants the best chance restoring their freedom.

The lawyers at the Law Offices of Jonathan F. Marshall are highly skilled in defending clients who have been served with detention motions. Our ability is derived from over 200 years of collective experience, including significant time serving as county prosecutors throughout the state. If you or a loved one has been arrested and detention motion has been filed, nothing short of the very best lawyer you can find will suffice. We believe that the 10 defense attorneys on our team present a formidable option whether your case is in Monmouth County (Freehold), Hudson County (Jersey City), Middlesex County (New Brunswick), Burlington County (Mount Holly), Somerset County (Somerville) or somewhere else in NJ.

Contact our office at 877-450-8301 for a free consultation with an attorney. Lawyers are available 24/7.

Defending A Motion To Detain In New Jersey

There are many arguments that a savvy NJ pretrial detention lawyer like those at our firm can make in order to improve the chances of overcoming a detention motion. A sample of the more common defenses to a motion to detain are set forth in the headings that follow.

  1. The Public Safety Assessment Supports Release. The public safety assessment (“PSA”) is the tool created to measure the risk of someone committing another crime following his/her release and their propensity to not appear or obstruct prosecution. The algorithm that is the foundation of the PSA is based on years of historical data of other defendants with similar characteristics rather than a subjective hunch of a judge or prosecutor. A persuasive attorney can utilize a favorable PSA to overcome a motion to hold a defendant until trial in Burlington County (Mount Holly), Atlantic County (Mays Landing), Ocean County (Toms River) or another location in the state.
  2. The Charge Is Unlikely To Result In A Conviction. While the rules of evidence do not apply at a detention hearing, the prosecutor must establish probable cause for the charge. In addition, the judge presiding over a detention hearing is required to consider not only the severity of the offense but also the weight of the evidence and likelihood of conviction. A skilled defense attorney can attack the evidence to demonstrate genuine doubt that the charge will be proven at trial. It may be that the arrest was the result of a questionable search and seizure, a defective search warrant or it may just be that the evidence is weak (e.g. eye witnesses).  The question that naturally follows when this is the case is why would it be reasonable to hold someone on an offense that is unlikely to be substantiated in the form of a conviction? It is clearly important for your attorneys to therefore take a close look at the evidence and pick it apart so that the judge recognizes the unfairness of holding the accused pending trial.
  3. The State Cannot Overcome the Presumption of Release. Other than in cases where the accused is facing a charge for murder or one that has the potential for life imprisonment, there is a presumption of release. In order to overcome this presumption, the prosecutor must clearly and convincingly demonstrate that there are no conditions to release that will reasonably assure that the defendant will appear in court, not obstruct the criminal justice process and/or refrain from new criminal activity. This is an extremely high burden for a prosecutor to overcome and something that our lawyers emphasize to overcome a detention motion.
  4. The Background Of The Accused Support Release. One of the powerful approaches that a skilled advocate can utilize to win a detention motion is to bring every favorable fact concerning the defendant’s background to the attention of the judge deciding the motion to detain. If the accused has a limited criminal record, that is something that should be argued to demonstrate that new criminal conduct is unlikely. The ties to the community, employment and other factors can also be utilized to attempt to show how out of character the alleged conduct was and the remoteness of the defendant not appearing or obstructing.

New Jersey Detention Hearing Defense Lawyers

If your loved one is facing a detention motion in Passaic County (Paterson), Union County (Elizabeth), Mercer County (Trenton), Bergen County (Hackensack), Essex County (Newark), Morris County (Morristown), selecting the right attorney to defend them is pivotal. Failure to overcome a motion to detain will result in the accused remaining in jail until his/her trial months or possibly even years later. Taking the time to identify a criminal defense firm with lawyers who are highly experienced in handling pretrial detention motions is exactly what you should be doing and we have what you are looking for. To speak to a lawyer at the Law Offices of Jonathan F. Marshall about your  criminal case, contact our office. Attorneys are available 24/7 to assist you at 877-450-8301.


Counties Served By The NJ Criminal Lawyers At Our Firm

Hudson County Criminal Defense LawyerBurlington County Criminal Attorneys
Somerset County Criminal AttorneyCamden County Criminal Defense Lawyers
Atlantic County Criminal LawyersGloucester County Criminal Attorney
Mercer County Criminal AttorneyMonmouth County Criminal Attorneys
Hunterdon County Criminal Defense LawyerMiddlesex County Criminal Lawyers
Passaic County Criminal AttorneysUnion County Criminal Lawyer
Bergen County Criminal Defense AttorneyMorris County Criminal Lawyers