Once a defendant is detained in jail after a detention hearing, he or she may file a “Motion to Re-Open Detention” and have the Court reconsider its decision to detain a defendant if “new information” comes to light that “would have a material bearing” on the issue of whether there are pre-trial release conditions that would reasonably assure the three goals of criminal justice reform (i.e., appearance in Court, safety of others, and no risk of obstruction).  See N.J.S.A. 2A:162-19(f).

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As an initial matter, it is much easier to fight a criminal case while out in the community versus doing so from jail.  As such, whenever a client is detained, pre-trial, the defense attorney should look for ways to get the court to reconsider a person’s detention status. 

 

One of the ways to do this is to get the client linked up with a substance use disorder or mental health treatment program (if those are issues for the person).​  For example, if a client was detained because he or she was a risk of committing new offenses but has a drug addiction, Ms. Denholtz would seek to get the individual linked with a substance abuse treatment program.  Ms. Denholtz could file a Motion to Re-Open detention seeking to have the client released to an inpatient or outpatient substance abuse treatment program.  Under those circumstances, Ms. Denholtz would argue that if the client receives treatment for his or her drug addiction then she or he is a much lower risk of committing new criminal activity.

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Another way to do this is to conduct investigations that may reveal new information about the case that weakens the State's proofs.  Because "weight of the evidence" is one of the factors judges consider at detention hearings, discovering any new information that changes the weight of the evidence could be a factor that would lead a judge to reconsider its decision to detain the defendant pre-trial. 

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​Contact a New Jersey Lawyer for a Free Consultation

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The consequences of remaining in jail while a criminal case is pending can be devastating.  It can impact employment, housing, finances, education, reputation, and relationships.  Pre-trial detention and release law is also very complex and highly specialized.  If you or a loved one is detained, pre-trial, it is crucial to hire an experienced criminal defense attorney. 

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Ms. Denholtz has handled dozens of Motions to Re-Open (many of which successfully led to the client’s release from jail while their case was pending).  

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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.