If you have been arrested in Hudson County, New Jersey, you could be detained for a length of time before trial. This could be the result of failure to post bail, or denial of release under a pre-trial detention statute.
Unfortunately, many people wait too long before hiring a criminal defense attorney, and they miss out on their chance to have a skilled lawyer persuade the prosecution not to file a detention motion. It’s highly recommended that immediately following your arrest, you contact a knowledgeable Jersey City criminal defense lawyer who is well-versed in New Jersey pretrial detention hearings.
The New Jersey Criminal Justice Reform Act of 2017 eliminated monetary bails, which means that if you are arrested on a warrant complaint, you either get released at your first appearance, or you remain in custody until your trial on the criminal charge. It is very important that you have an experienced Jersey City criminal defense lawyer representing you at your detention hearing. A skilled and knowledgeable New Jersey criminal defense lawyer can give you a much better chance at pretrial release.
The Law Offices of Jonathan F. Marshall consist of a team of experienced and talented criminal defense lawyers with a track record of success in representing clients in Hudson County. Our legal team has more than two centuries of combined experience handling a wide variety of criminal cases, including assaults, domestic violence offenses, burglaries, and more.
Ten of our lawyers work only on criminal defense cases. Some of our lawyers are former county and municipal prosecutors who have served as Director of the Major Crimes Bureau, Special Operations, Domestic Violence Unit, Guns Task Force, and even an entire Trial Division.
At the Law Offices of Jonathan F. Marshall, we understand how stressful and scary it can be to be arrested and charged with a crime. Our knowledgeable and compassionate Jersey City criminal attorneys will be there for you during this difficult time. We work closely with our clients to make sure they understand exactly what is happening and what their legal options are. If you have been arrested in any Hudson County town, such as Bayonne, East Newark, Hoboken, Kearny, North Bergen, Secaucus, Union City, Weehawken, and West New York, call us today to schedule a free and confidential consultation.
What Is a Detention Hearing?
The New Jersey Criminal Justice Reform Act went into effect on January 1, 2017. Before this Act was effective, judges were required to set bail for anyone to be detained. According to the new pretrial detention rules, judges are also required to determine whether a defendant will be released from jail within 48 hours.
To decide whether you will continue to be detained before your trial or released, the judge will hold a detention hearing. This applies in cases involving indictable crimes and disorderly persons offenses involving domestic violence.
Common examples of criminal charges that require a detention hearing include:
- Aggravated assault
- Simple assault
- Terroristic threats
- Criminal mischief
- Drug distribution: cocaine, heroin, marijuana, prescription drugs
What Is the Process of the New Pretrial Detention Hearings?
Before your detention hearing, the court will perform a Public Safety Assessment (PSA). This will look at different information regarding your criminal case and will come up with a score for risk factors. The types of information considered include the nature and circumstances of the offense, your prior convictions, and your age, among other factors.
The results of the PSA will be weighed by the judge, who will determine whether you should be held or released before your trial.
Remember that you can have a criminal defense lawyer represent you during your detention hearing. The Hudson County defense lawyers at The Law Offices of Jonathan F. Marshall understand how important detention hearings can be, and we will stand by your side to make sure your rights are protected.
Explaining Pretrial Release and its Conditions
The judge could release you if you meet the following conditions:
- You will appear in court when required to do so.
- You will not try to obstruct justice.
- You are not a danger to anyone in the community.
- You will obey all the conditions of your release that have been established by the court.
The judge could choose to release you with conditions. These conditions could include that you:
- Commit no illegal acts during your release.
- Have no contact with victims or witnesses who could later testify at trial.
- Stay in a certain geographical area.
New Jersey Detention Hearing Defense Lawyers
If you are facing a detention motion in Hudson County, selecting an experienced attorney to defend you is critical. You need a New Jersey criminal defense lawyer who is highly skilled in handling pretrial detention motions.
The Law Offices of Jonathan F. Marshall provide the experienced legal counsel that you need. Reach out to us about your criminal case as soon as you can. We are available 24/7 to assist you.
Can I Appeal a Judge’s Detention Order?
Yes, you should consult with an experienced Jersey City criminal defense lawyer about your option to appeal. A lawyer can protect your rights by appealing any order that does not comply with legal requirements.
The Jersey City criminal defense lawyers at the Law Offices of Jonathan F. Marshall are experienced in appealing detention orders. We understand how important it is to preserve the full record of arguments considered by the court in making pretrial release or detention decisions.
While New Jersey requires a defendant to remain detained pending the resolution of the appeal, our lawyers will do all we can to ensure detention decisions are heard as quickly as possible when you are detained. We will challenge every factual and legal basis available in your Pretrial Detention Appeal (PDA), including:
- The state of New Jersey did not have probable cause that you committed the crime.
- The state of New Jersey failed to demonstrate clear and convincing evidence that no amount of monetary bail and non-monetary conditions would assure your appearance in court, protect the public’s safety, and prevent the obstruction of justice.
- The statement of reasons for the detention was inaccurate or inconsistent with the law.
- You were denied an opportunity for a fair hearing before the pretrial detention order.
- Your personal information relied upon by the court is inaccurate.
- The Public Safety Assessment (PSA) is inaccurate.
Bail Reform and Speedy Trial Act
The Bail Reform and Speedy Trial Act sought to decrease incarceration rates and save costs for counties by eliminating bail in most criminal cases. The Act also implemented the PSA score, which helps a judge determine whether or not to release a defendant. Before the Act was enacted, the state had no speedy trial statute or rules. This meant that cases could take years before going to trial.
New Jersey law provides three distinct speedy trial limits. From arrest to indictment, it must be no more than 90 days prior to the return of the indictment. From indictment to trial, it must be no more than 180 days before the start of the trial. The total time from detention to trial must be no more than two years.
Summons vs. Warrant
If you have been arrested in Hudson County, knowing the difference between a warrant and a summons can be helpful for your criminal case. It can help you understand the magnitude of the situation you face, the potential penalties, and what happens next. The purpose of both a warrant and a summons is to get a person charged with a criminal offense to court. While they serve the same purpose, the effect on the individual being charged can be different.
With a summons, there is no instruction to law enforcement that they should locate and detain you. Rather, the court requests that you appear on your own. In most instances where a summons is used, the individual has been arrested for a minor criminal offense (disorderly persons offense), taken to the police station for processing, and given a date to appear in court for their first appearance.
Some common charges that result in a summons in Hudson County include:
- Possession of marijuana less than 50 grams
- Drug paraphernalia possession
- Driving under the influence
- Simple assault (except in the case of domestic violence)
- Disorderly conduct
Failure to appear as directed on the summons can result in the issuance of a warrant.
Like a summons, a warrant is a written order issued by a court after the filing of a criminal complaint. However, unlike a summons, a warrant requires the police to arrest the person named in the warrant. After the person is arrested, they can be held in jail for up to 48 hours before they are brought before the court to answer the charges.
Police have some discretion in the use of a warrant. They may decide to use a warrant rather than a summons if they believe an individual is a flight risk or poses a danger to the community. If you have received a summons or an arrest warrant to appear in court in Hudson County, contact the experienced New Jersey criminal defense attorneys at The Law Offices of Jonathan F. Marshall today.
Understanding and Explaining the Rights of the Defendant
If you have been arrested for a crime in New Jersey, it’s important to remember that you have rights as a criminal defendant. Understanding your rights can help you to protect yourself legally. Listed below are the most important constitutional rights a criminal defendant has.
Fourth Amendment rights. If your property, home, or vehicle was searched by a police officer who did not have probable cause or a search warrant, any evidence the officer found cannot be used against you in court. If you were arrested in New Jersey, you may feel the arresting officer had no grounds to search your property or seize your belongings. This is a violation of your Fourth Amendment rights. Unreasonable searches and seizures are illegal.
Fifth Amendment rights. This amendment includes the right to remain silent. It is always in your best interest to remain silent until you have representation from an experienced criminal defense lawyer. Anything you say can and will be used against you in a court of law.
Sixth Amendment rights. This amendment deals with the right to representation, the right to a speedy trial, the right to a public jury, and the right to confront a witness.
- Right to Legal Representation – You have the right to hire an attorney. If you cannot afford a lawyer, a public defender will be appointed to you.
- Right to a Speedy Trial – If you feel like your case was unfairly delayed, you can bring up this issue to a judge.
- Right to a Public Jury – You have the right to be tried by a jury of your peers.
- Right to Confront a Witness – You have the right to confront your accuser or a witness in the crime. You essentially have the right to present a counter-argument to defend yourself against their testimony.
Eighth Amendment rights. This amendment adds more protection if you are detained by law enforcement. As a criminal defendant, you have the right to reasonable bail and the right against cruel and unusual punishment.
Contact a New Jersey Detention Hearing Defense Attorney
If you are facing a detention motion as a result of an arrest in Bayonne, East Newark, Hoboken, Kearny, North Bergen, Secaucus, Union City, Weehawken, West New York, or any other area of Hudson County, selecting a knowledgeable defense lawyer is critical. Failing to overcome a motion to detain means you will remain in jail until your trial. This could be months or even years.
The New Jersey criminal defense lawyers at The Law Offices of Jonathan F. Marshall are highly skilled and experienced in dealing with pretrial detention motions in Hudson County courts. To speak with one of our attorneys about your criminal case, call us now.