County Jail vs. State Prison in New Jersey

A prison guard makes a tour of the cells in a high-security state prison.

County jails and state prisons serve different purposes in New Jersey. County jails typically hold those awaiting trial or serving shorter sentences for less serious crimes. State prisons house those convicted of more serious offenses and serving longer sentences, usually over a year. State prison environments are also more structured and secure compared to county jails due to the nature of the inmates’ crimes.

What Are the Differences Between County Jail and State Prison in New Jersey?

Several key differences exist between county jails and state prisons in New Jersey. These differences impact inmates’ daily lives, the duration of their stays, and the overall structure of each facility:

  • Length of stay – Inmates in county jails usually stay for shorter periods as they await trial or serve short sentences. On the other hand, inmates in state prisons serve longer sentences, often several years or even decades, depending on their convictions.
  • Type of inmates – County jails typically house those awaiting trial or convicted of lesser crimes, such as disorderly persons (misdemeanor) offenses. State prisons are for the incarceration of individuals convicted of more severe crimes, including indictable (felony) offenses like robbery, aggravated assault, or murder.
  • Facility size and resources – County jails are generally smaller and have fewer resources, including limited access to rehabilitation programs. State prisons are larger and offer more comprehensive programs, including education, vocational training, and counseling services.
  • Security levels – County jails tend to have lower security levels since they often house less dangerous offenders. State prisons have higher security measures, including more guards and surveillance, to manage inmates who potentially pose more significant threats.

What Are the Similarities Between County Jails and State Prisons in New Jersey?

While there are notable differences between county jails and state prisons in New Jersey, these facilities also overlap in many ways. Both play critical roles in the criminal justice system and function with some common practices and standards:

  • Visitation rights – Both types of facilities allow inmates to have visits from family and friends while they serve sentences. Visitation policies and schedules can differ slightly, but the opportunity to maintain personal connections is available in both county jails and state prisons.
  • Rehabilitation programs – Though the specifics and availability vary, both county jails and state prisons offer certain rehabilitation programs. These programs can include substance abuse treatment, educational courses, and vocational training to help inmates reintegrate into society.
  • Commissaries – The range of products may differ slightly between facilities, but county jails and state prisons both provide access to commissaries. Inmates can purchase items like snacks, hygiene products, and stationery from commissaries using funds from their personal accounts.
  • Work details – Inmates in both county jails and state prisons can participate in work details. These work programs involve tasks such as cleaning, kitchen duty, or community projects. They allow inmates to stay occupied and earn small wages or sentence reductions.

How Many State Prisons Are in New Jersey?

New Jersey has nine state prisons, each serving different purposes and housing various types of inmates. These prisons include facilities for both men and women, with some designated for specific security levels or inmate needs. The open facilities in New Jersey are:

  • The Adult Diagnostic and Treatment Center in Avenel
  • Bayside State Prison in Leesburg
  • East Jersey State Prison in Rahway
  • Edna Mahan Correctional Facility for Women in Clinton
  • Garden State Youth Correctional Facility in Yardville
  • Mid-State Correctional Facility in Wrightstown
  • New Jersey State Prison in Trenton
  • Northern State Prison in Newark
  • South Woods State Prison in Bridgeton
Prisoner at jail with handcuff.

Is It Preferable to Serve Time in County Jail Than State Prison?

It’s generally preferable to serve time in county jail. These facilities tend to hold inmates for shorter periods, and the environment typically feels less intense than in state prisons. However, county jails usually offer fewer programs and resources for rehabilitation compared to state prisons. While state prisons house inmates for longer sentences, often under stricter conditions, they provide more structured environments with access to educational programs, vocational training, and other rehabilitation opportunities.

How Can a New Jersey Criminal Defense Attorney Help Me Avoid Prison Time?

A skilled criminal defense lawyer in New Jersey can make all the difference as you seek to avoid prison or jail time. They can leverage their knowledge of the legal system and explore various strategies to reduce or eliminate the penalties you face by:

  • Arguing for pretrial release – In New Jersey, where the cash bail system is no longer in use, your lawyer can argue for your release before trial by demonstrating that you are not a flight risk or a danger to the community. This can allow you to remain free while awaiting trial.
  • Negotiating plea deals – A lawyer can negotiate with the prosecution to reach a plea deal, aiming for a punishment that keeps you out of custody. This could result in reduced charges or a lighter sentence, such as probation instead of jail time.
  • Filing for pretrial intervention programs – Your lawyer could help you apply for a pretrial intervention program if you are eligible. These programs focus on rehabilitation over punishment, offering the chance to avoid a criminal record and jail time.
  • Securing dismissal of charges – Depending on the circumstances, a lawyer could seek to have the charges against you dismissed and the case dropped by identifying legal flaws in the prosecution’s case. Whether due to a lack of evidence, procedural errors, or violations of your rights, a dismissal means you won’t face any jail time.

Contact a New Jersey Criminal Defense Lawyer

The prospect of serving time in a New Jersey county jail or state prison can feel overwhelming, but you don’t have to face it alone. Instead, contact the Law Office of Jason A. Volet for a free initial consultation with a criminal defense lawyer in New Jersey. We will review your case, advise you on your options, and determine how we can protect your freedom.

Visit Our New Jersey Criminal Defense Law Offices

Author: Jason A. Volet

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.