If you or someone you love has been arrested on serious criminal charges in New Jersey, one of the first critical moments in the case is the detention hearing. This proceeding determines whether you will remain in jail while your case moves through the court system — or go home to your family. Understanding what to expect can help you and your attorney prepare.
What Is a Detention Hearing?
In 2017, New Jersey eliminated cash bail and replaced it with a risk-based pretrial system under the New Jersey Bail Reform Act. When someone is arrested on an indictable offense — the equivalent of a felony in New Jersey — the prosecutor has the option to ask the court to detain the defendant until trial rather than release them.
If the prosecutor files a motion for detention, a hearing must be scheduled. This hearing typically takes place within three business days of your first court appearance, though it can be postponed briefly for good cause. In the meantime, you may remain in custody.
What Happens at the Hearing?
At the detention hearing, a Superior Court judge decides whether you will be held in jail or released — with or without conditions — while your case is pending.
The prosecutor bears the burden of proving, by clear and convincing evidence, that no set of release conditions would reasonably:
- Ensure your appearance at future court dates, or
- Protect the safety of any other person or the community
The judge weighs a number of factors, including:
- The nature and circumstances of the offense charged
- The weight of the evidence against you
- Your history and characteristics — including your prior record, ties to the community, employment, and family situation
- Whether you posed a danger to any person or the community at the time of your arrest
The Role of the Pretrial Services Assessment
Before your detention hearing, a Pretrial Services officer will review your background and generate a Public Safety Assessment (PSA) — a risk score that rates the likelihood you will appear for future court dates and the likelihood of new criminal activity if released. Scores range from 1 (lowest risk) to 6 (highest).
This score is influential but not binding on the judge. Your attorney can challenge the accuracy of the information used to generate it and argue for a lower risk classification based on the full picture of your life and circumstances.
Presumption of Detention for Certain Charges
For certain serious offenses, New Jersey law creates a presumption of detention — meaning the starting point is that you should be held, and you and your attorney must argue to overcome it. Charges that carry this presumption include:
- Murder and manslaughter
- Certain sexual offenses
- Robbery and carjacking
- Certain weapons offenses
- Drug distribution with a prior conviction
Even when a presumption of detention applies, it is not automatic. A skilled defense attorney can present evidence and argument to overcome the presumption and secure your release while your case proceeds.
What If You Are Detained?
If the judge orders detention, that outcome is not final. Your attorney can appeal a detention order to the New Jersey Appellate Division. It may also be possible to return to court if your circumstances change or new information comes to light.
Being detained pending trial creates enormous practical pressure — it can affect your job, your family, and your ability to assist in your own defense. This is why it is critical to have an attorney involved from the very beginning, ideally before the detention hearing itself.
What Happens If You Are Released?
If the judge decides to release you, it may be with conditions designed to manage the risks identified in your PSA. Common release conditions include:
- Regular check-ins with Pretrial Services
- Electronic monitoring (ankle bracelet)
- Travel restrictions
- No-contact orders with alleged victims or witnesses
- Surrender of firearms or weapons
Violating any of these conditions can result in a new detention motion being filed and can complicate the rest of your case. If you are struggling to comply with release conditions, speak with your attorney immediately. For defendants who have existing probation alongside new charges, the stakes are even higher.
Get Help Before Your Detention Hearing
A detention hearing can happen within days of your arrest — and what happens at that hearing sets the tone for everything that follows. Having an experienced attorney present at that hearing, not just months later at trial, can make the difference between going home and sitting in a county jail while your case is resolved.
Jenna Casper Bloom is a criminal defense attorney based in Flemington, NJ, who represents clients at detention hearings in Hunterdon County Superior Court and throughout New Jersey. If you or a family member is facing a detention hearing, don’t wait. Contact Casper Bloom Law for a free, confidential consultation.
