If you are facing criminal charges, you need to know how “posting bail” works in New Jersey. Recent changes in the law have had a far-reaching impact on the New Jersey criminal justice system.
In January 2017, New Jersey passed the Bail Reform and Speedy Trial Act. This legislation was a groundbreaking change to the state’s bail system. This bail reform measure abolished cash bail in New Jersey, aiming to prevent innocent people from being incarcerated only because they cannot pay bail. Although there are specific circumstances where the court may still detain you, the prosecutor must file a motion for a detention hearing and show that you meet the criteria for being held.
At the Law Office of Jason A. Volet, we understand that changes in the law about bail can be confusing – especially when you’re trying to avoid pre-trial detention. We want to answer all your questions as we guide you through the pre-trial process.
Why Does NJ No Longer Have Cash Bail?
In 2014, New Jersey voters approved an amendment to the state constitution that put an end to the practice of holding someone in detention before their trial if they could not pay their bail. The law went into effect in 2017. Instead of using a cash bail system, courts and judges evaluate each person’s risk to the public and their possibility of re-offending or missing trial to determine whether they must stay in jail or can be released before trial.
The state’s new procedure effectively ended what could be considered a “debtor’s prison.” With this change, someone’s ability to pay is not the only factor that determines whether they must remain in jail. This led to a lower prison population, among other positive results.
What Criteria Do the Courts Use to Determine Whether to Detain or Release Someone?
Under New Jersey’s pre-trial detention system, most defendants are entitled to a presumption of release. The court uses a Public Safety Assessment to determine whether to detain or release someone. A PSA analyzes numerous factors to determine how likely the defendant is to commit another crime if they are released or if they are a flight risk and will fail to appear for subsequent hearings and trials.
What Is “Released on Their Own Recognizance?”
Released on Their Own Recognizance (“ROR”) means you can be released after you sign a written promise to appear in court. However, a judge can place conditions on a defendant released on ROR, such as regular check-ins with a probation officer and not using drugs or alcohol. When released on ROR, you will receive your next court date. If you fail to appear in court when required, the court can order your arrest.
Has the New Jersey Bail Reform and Speedy Trial Act Been Successful?
The Criminal Justice Reform Act garnered national attention for its success. By adopting this new risk-based system, New Jersey has:
- Lowered the unnecessary prison population
- Seen falling crime rates
- Reduced how many plea bargains are taken due to inability to post bail
- Allowed violent offenders to still be detained under the Act
How Can a Defendant Get Out of Being Detained Now?
You might not be detained if the prosecutor did not file a motion for detention hearing and the time to do so expired. However, the detention hearing can be reopened at any time before trial if new information that was not known at the time of the initial hearing can be presented. An experienced New Jersey criminal defense attorney can represent you at a motion for detention hearing to explain why you are not a danger to the community or flight risk, arguing for your release.
What Is the Public Safety Assessment?
A Public Safety Assessment (PSA) is a risk assessment tool to evaluate whether a defendant is eligible for pre-trial release. The PSA uses an algorithm to assess the risks associated with someone’s pre-trial release. Several factors are considered when calculating a risk score based on prior historical data. The PSA factors include:
- Age
- Pending charges
- Whether violence was involved in the current offense
- Any prior disorderly persons offenses, indictable offenses, or violent crime convictions
- Any prior failures to appear
- Prior incarceration sentences exceeding 14 days or more
The risk assessed in a PSA is whether the defendant is likely to commit new crimes or not appear in court if they are released.
Why Should I Have a Lawyer for Pre-Trial Detention Hearings?
Having an attorney represent you for pre-trial defense hearings can be critical to securing your pre-trial release. At the Law Office of Jason A. Volet, we have experience in the New Jersey pre-trial detention process and are prepared to defend you during that process.
If you are arrested for a criminal offense in New Jersey, pre-trial detention is possible. If you wait too long to hire an attorney, you lose the ability to have a skilled legal advocate in your corner to persuade the prosecutor not to file a detention motion. The court may decide the motion and detain you if you don’t act quickly. Retaining an attorney immediately following your arrest gives you the best opportunity for release and a speedy trial. Your lawyer can also argue for better release conditions to ensure your freedoms aren’t overly affected while you’re waiting on your court date.
At the Law Office of Jason A. Volet, we are prepared to defend you and fight for your rights during the pre-trial process.
Contact a New Jersey Criminal Defense Attorney
At the Law Office of Jason A. Volet, we have extensive experience helping people charged with crimes in New Jersey. You can be confident that we will develop a strong legal defense aiming to reduce your charges, have the charges dropped, or secure the minimum possible sentence. Our firm prides itself on offering personalized legal services as we guide you through the New Jersey criminal court system. If you need a criminal defense attorney, contact our office today for a free case consultation.
