Hackensack NJ Domestic Violence Attorneys – Have a detention hearing for domestic violence
New Jersey lawmakers recently enacted Criminal Justice Reform, also known as “Bail Reform,” which replaced the monetary bail system with a risk assessment system. Under this new bail system, a detention hearing is held within 24 to 48 hours of an arrest, at which time a judge must decide to release a person on their own recognizance, release them subject to certain conditions, or detain the person until their case is resolved. Whereas a person was previously able to post bail and get out of jail pending their trial or plea agreement, this is no longer an option. In other words, if a judge decides to keep you in jail until your case is decided, they can elect to do so. Usually, individuals charged with lesser offenses and non-violent crimes are released after processing at the police station. However, Bail Reform requires anyone arrested for domestic violence in New Jersey to be detained and to have a detention hearing. This applies to even minor domestic violence offenses, such as simple assault, harassment, and criminal mischief.
If you or a loved one has an upcoming detention hearing for a domestic violence offense in New Jersey, it is crucial to have an experienced lawyer fighting for your release. The skilled New Jersey domestic violence attorneys at The Tormey Law Firm have represented countless clients at detention hearings in courts across the state. Call (908)-336-5008 or fill out our online form to arrange a free consultation with a lawyer dedicated to representing your interests.
Detention Hearings in New Jersey Domestic Violence Cases
The general rule under Bail Reform in New Jersey is this: any person accused of a criminal offense involving domestic violence must have a detention hearing. This applies to indictable offenses (also known as felonies) and disorderly persons offenses, often referred to as misdemeanors. Even in a case involving a lower-level domestic violence offense such as simple assault, the defendant is subject to a Public Safety Assessment (PSA) before a judge decides whether or not to release them. In other words, if you are arrested or a warrant is issued for your arrest for domestic violence, you will have to remain in custody for between 24 and 48 hours before having a detention hearing.
Domestic violence charges that require a detention hearing include:
- Simple assault
- Aggravated assault
- Terroristic threats
- Criminal mischief
- Sexual assault
- Criminal restraint
- Any other offense that qualifies as a Predicate Act of Domestic Violence.
At a detention hearing, the judge will decide to detain a defendant if he or she finds that no amount of monetary bail, non-monetary condition or combination of monetary bail and conditions would reasonably assure the defendant:
- Will appear in court when required;
- Is not a threat to the safety of another person or the community; and
- Will not obstruct or attempt to obstruct the criminal justice process.
This is highly complicated in a domestic violence case because the nature of the offense infers that a defendant may be a threat to the alleged victim. Before a detention decision is made, both the prosecutor and the defendant’s attorney can present arguments to the judge. These arguments, coupled with the results of the risk assessment, will be considered before the judge decides to detain or release a person accused of domestic violence. You are entitled to have a defense attorney representing you at a domestic violence detention hearing, and it is imperative to have a lawyer with extensive knowledge of domestic violence legal matters in NJ.
Contact a Domestic Violence Detention Hearing Lawyer for Help with Your Case
If you or someone you love is scheduled to appear before a judge for a detention hearing in New Jersey, you need to consult an experienced attorney right away. The outcome of your detention hearing can mean staying in jail for weeks or going home to your family. This is why it is so important to have a seasoned domestic violence defense lawyer arguing on your behalf.
With offices in Hackensack, Morristown, Newark, and Collingswood, our attorneys defend clients at detention hearings in Morris County, Bergen County, Essex County, Passaic County, Camden County, and throughout New Jersey.
For a free consultation, contact the Tormey Law Firm today at (908)-336-5008.