First Appearances:  All “Eligible Defendants” (i.e., those charged on a Warrant-Complaint), must have a “First Appearance” in court within 24 to 48 hours of their arrest.  Court Rule 3:4-2(a); N.J.S.A. 2A:162-16(b)(1); N.J.S.A. 2A:162-17.  Unless a Motion for Pre-Trial Detention has been filed by the State, the defendant must be released on conditions of release.  Those conditions must be the least restrictive means necessary to reasonably 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).  See Court Rule 3:26-1(a)(1).  The conditions of release are set by the Judge, after reviewing the PSA and hearing argument from counsel.  N.J.S.A. 2A:162-16(b)(1) and Court Rule 3:26-1(a)(1).  If the Court orders release conditions that are contrary to the recommendation in the PSA, then the Court must set forth its reasons on the record for the departure from the PSA recommendation.  N.J.S.A. 2A:162-23(a)(2); Court Rule 3:26-1(a)(1).  There is a Superior Court located in every county in New Jersey, and each County’s courthouse has its own Pre-Trial Services office. 

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Public Safety Assessment:  Within 24 to 48 hours of arrest (including weekends), the Court must prepare a Public Safety Assessment (“PSA”).  N.J.S.A. 2A:162-25.  A Public Safety Assessment (“PSA”) is a risk assessment tool utilized by New Jersey Courts that predicts risk on three bases:

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1. ​The risk that a defendant will fail to appear in court if released,

2. The risk of new criminal activity or danger to others in the community if the defendant were to be released, and

3. The risk that a defendant will obstruct or attempt to obstruct the criminal justice process.

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​The Court will consider the PSA and its recommendations regarding conditions of release before making any pre-trial release decision for an eligible defendant.  See N.J.S.A. 2A:162-16.   

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The PSA provides information about each individual defendant’s criminal history.  It lists the following about the defendant:

• Age;

• Whether the defendant is currently out on pre-trial release in any other cases;

• Any pending charges, besides the charge(s) in the current case;

• Prior disorderly persons offense convictions; 

• Prior felony convictions;

• Prior violent convictions;

• Failures to appear in court within the last 2 years;

• Failures to appear in Court going back more than 2 years;

• Prior sentences to incarceration of 14 days or more;

• Whether the person is currently on probation or parole;

• Domestic violence restraining order history.

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All of these factors on the PSA are each given numerical scores that rate:

• Risk of Failure to Appear in Court (“FTA”):  The risk that the defendant will fail to appear in court if released (on a scale of 1 to 6).

• Risk of New Criminal Activity (“NCA”):  The risk that the defendant will commit new criminal activity if released (on a scale of 1 to 6).

• New Violent Criminal Activity (“NVCA”):  The PSA flags defendants as posing an elevated risk of new violent criminal activity if the defendant has a prior violent conviction in his or her history and the current offense is a violent offense.  Having a violence flag on your PSA makes release less likely, and increases the likelihood of more onerous pre-trial release conditions if the court decides to release a person with a violence flag.

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​The numbers assigned to the defendant for each category will then yield a recommendation from Pre-Trial services about whether the defendant should be released or detained, and if the recommendation is for release, how often the defendant should have to report to pre-trial services per month.  The different levels of supervision are referred to as “Pre-Trial Monitoring Levels” (“PML”).

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​Levels of Release Conditions:  The levels of release conditions are as follows:

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• Released on Own Recognizance (“ROR”):  A person with low PSA scores could be released on their own recognizance.  This means he or she does not have to report to Pre-Trial Services at all while released during the pendency of their case.

• PML 1:  Must report to the Pre-Trial Services Office once per month.

• PML 2:  Must report to the Pre-Trial Services Office twice per month (usually every other week).

• PML 3:  Must report to the Pre-Trial Services Office once per week.

• PML 3+ Home Detention Without Electronic Monitoring:  Must report to the Pre-Trial Services Office every week and is otherwise confined to their home on home detention.

• PML 3+ Home Detention With Electronic Monitoring (“HD/EM”):  Must report to the Pre-Trial Services Office every week, be subject to home detention, and must wear a GPS ankle monitoring device.

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​Additional Types of Release Conditions:  In addition to the different levels of pre-trial release, the Court is free to impose the following additional conditions of release, ordering that the defendant:

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• Appear in court as required;

• Not commit any new criminal offenses while out on release;

• Avoid all contact with the alleged victim;

• Avoid all contact with named witnesses in the case;

• Comply with a curfew;

• Maintain employment, or actively seek employment;

• Maintain or commence an educational program;

• Abide by restrictions on personal associations, where to live, and/or ability to travel;

• Refrain from possession of a firearm or other dangerous weapon;

• Refrain from excessive use of alcohol, use of narcotic drugs or other controlled substances without a valid prescription;

• Remain in the custody of a designated person who agrees to report any violation of release conditions to the court;

• Undergo medical, psychological, or psychiatric treatment (including substance abuse treatment);

• Undergo random urine drug screens;

• Be placed on home detention;

• Be placed on home detention with electronic ankle bracelet monitoring; and

• Any other condition the Court deems necessary.

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​N.J.S.A. 2A:162-17.  The Court always must only impose “the least restrictive condition, or combination of conditions, that the Court determines will reasonably assure [the three goals of criminal justice reform]" (i.e., appearance in court, safety to community or individual person, prevent risk of obstruction).  N.J.S.A. 2A:162-17.

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​The factors used to arrive at the PSA risk scores are derived from limited administrative sources (example: the charges, criminal history, and court appearance history).  It is up to the defense attorney to present other information not captured by the PSA to convince the judge that the defendant’s PSA scores do not reflect the true extent of the defendant’s risk if released (or lack of risk).

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Defendants must abide by the conditions ordered by the judge while they are out on pre-trial release.  If the conditions are violated, then Pre-Trial Services will file a Violation of Monitoring and the State may file a Motion to Revoke Release.

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Contact a New Jersey First Appearance
Attorney for a Free Consultation

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First Appearances are nuanced and highly specialized.  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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