In January of 2017, New Jersey’s Pre-Trial Justice Reform Act (codified at N.J.S.A. 2A:162-15 through -26), eliminated reliance on monetary bail for criminal defendants in New Jersey in most cases.  Under this new system, courts are now required use a comprehensive and evidence-based risk assessment tool called a Public Safety Assessment (“PSA”) when determining pre-trial release conditions or pre-trial detention.  The purpose of Pre-Trial Justice Reform is to prevent unnecessary detention of people held on monetary bail.  Pursuant to the new statutes, the Court should order the release of a defendant on the least restrictive combination of conditions necessary to assure the Three Goals of Pre-Trial Justice Reform (i.e., appearance in court, protection of an individual or the community, to prevent risk of obstruction).  The Bail Reform laws replaced the “resource-based” system of release which relied on money bail and replaced it with a “risk-based” approach which requires the courts to assess the likelihood that a defendant will flee, commit new criminal activity, or obstruct the criminal justice process by intimidating alleged victims and other witnesses.

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All Superior Courts throughout New Jersey are bound to follow the below-listed process of determining pre-trial release or pre-trial detention.  Every county’s court also has an office called “Pre-Trial Services,” the employees of which are responsible for monitoring all defendants out on pre-trial release in their respective counties.

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When an individual is charged with a felony-level criminal offense or a disorderly persons domestic violence offense in New Jersey, the prosecutor has a choice:  the charges can be filed on a Summons-Complaint OR on a Warrant-Complaint.

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Summons-Complaint: A defendant who is charged on a Summons-Complaint must be released from custody and is not subject to release conditions or to the possibility of having to go through a detention hearing.  See N.J.S.A. 2A:162-16(d).  Defendants charged on Summons-Complaints are simply given a court date for their case and are trusted to appear in court on their own without any supervision or oversight by the Court’s “Pre-Trial Services” unit.  All defendants charged on a Summons-Complaint must be released from custody.  Court Rule 3:26-1(a)(2).

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*NOTE:  Monetary Bail: If a defendant was released from custody after being charged on a Summons-Complaint, and they subsequently fail to appear in Court, then the Court can impose a monetary bail on the defendant.  See N.J.S.A. 2A:162-16(d)(2)(a).

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Warrant-Complaint (i.e. “Eligible Defendants”): In New Jersey, if an individual is charged on a “Warrant-Complaint” then they are deemed to be an “eligible defendant.”  When a defendant is charged on a Warrant-Complaint, he or she must be taken to the county jail where the alleged offenses occurred, to be held pending a First Appearance in court (which must occur within 24 to 48 hours of the defendant being taken into custody).  See N.J.S.A. 2A:162-16(a).  

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*NOTE:  Detained While Prep. PSA: Every defendant who is charged on a Warrant-Complaint, will be temporarily detained to allow the preparation of a Public Safety Assessment (“PSA”), with recommendations on conditions of release, and for the Court to issue a pre-trial release decision within 48 hours (and aim to conduct the risk assessment within 24 hours).  N.J.S.A. 2A:162-16(a).

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In this circumstance, the prosecutor has a choice of whether to file a Motion for Detention or agree to release the defendant on certain conditions.  If the State does not file a Motion for Detention, then the defendant goes through a “First Appearance,” at which time the Court determines what pre-trial release conditions are necessary to assure the defendant’s appearance in Court, the safety of the community, and that the defendant does not commit obstruction while out on release.  Warrant-Complaints must be issued within 12 hours after arrest.  Court Rule 3:4-1.  If a Warrant-Complaint is issued then the defendant must be remanded to county jail, pending a determination of either conditions of pre-trial release or of pre-trial detention.  Court Rule 3:4-1.

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Situations Where Warrant-Complaint is Required:  Pursuant to Court Rule 3:3-1(e), the State is required to place charges on a Warrant -Complaint in the following situations:

• When the defendant has been extradited from another state;

• When the defendant is charged with:

  • Murder

  • Manslaughter

  • Aggravated manslaughter

  • Sexual Assault

  • Aggravated Sexual Assault

  • Robbery

  • Carjacking

  • Escape

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Situations Where Warrant-Complaint is Presumed:  Pursuant to Court Rule 3:3-1(f), it is presumed that charges will be placed on a Warrant-Complaint where the defendant is charged with:

• 1st or 2nd degree drug offenses;

• Use or Possession of a firearm;

• 1st or 2nd degree offenses involving the No Early Release Act (“NERA”).

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Other Situations Where Warrant-Complaint Might Be Issued:  Pursuant to Court Rule 3:3-1(d), a Warrant-Complaint may also be issued under any of the following circumstances:

• Defendant has prior failures to appear in court on other matters;

• Defendant is a danger to self or others in the community;

• Defendant has outstanding warrants;

• There is a risk of obstruction of the criminal justice process;

• There is a risk the defendant will fail to appear in court;

• There is reason to believe pre-trial monitoring is necessary to protect an alleged victim, witness, or the community.

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Contact a New Jersey Bail Reform Lawyer for a Free Consultation​

If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney.  At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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