Criminal Defense Attorney represents defendants at bail hearings | pretrial detention hearing
Stephen A. Gravatt, Esq.
Attorney
565 NJ 35
Middletown, New Jersey 07748
(732)-337-7922
email: pipking@comcast.net
Bail – O.K., in a previous article I explained how the new BAIL NJ statute, i.e., N.J.S.A. 2A:162-15 through 26, effective January 1, 2017, requires that if an accused defendant has been indicted, or accused of, committing an indictable “crime” (felony), and/or a violation of the Domestic Violence Act, an arrest WARRANT must issue and upon apprehension, the accused defendant will automatically be remanded (transported) to the County jail where he or she will be held for 48 hours before PRETRIAL SERVICES (court personnel in the Superior Court criminal system), will be required to decide on any conditions of PRETRIAL RELEASE (versus) continued PRETRIAL DETENTION (jail) until trial. A Superior Court Judge will then set the dollar amount of bail required to be posted, if any, and the terms upon which continued bail (pending trial) will be granted after reviewing pretrial services recommendations.
The important point to grasp here is that no initial bail will be set on arrest warrants. Let that sink in. NO INITIAL BAIL ON ARREST WARRANTS. For all criminal offenses that are indictable, and for some Domestic Violence Act offenses, like assault, bail will no longer be set when an accused just shows up to municipal court on a WARRANT OFFENSE and enters a plea of Not Guilty on his or her “first appearance”. Whether found in court or whether arrested outside of court, on the Warrant, an accused will now be shipped to the County jail for 48 hours PRETRIAL DETENTION, i.e., jail, before there is any possibility for bail to be set and terms of PRETRIAL RELEASE FROM DETENTION can be discussed with the Superior Court.
After the 48 hours jail time, an accused is afforded a “First Appearance” before a Superior Court Judge. At that time, defendant will be given a copy of the criminal complaint against him or her, the investigative reports (DISCOVERY), and the charges will be read to him or her. If the prosecutor is seeking continued PRETRIAL DETENTION until the trial, he or she must file a motion seeking such relief and provide the defendant all statements or reports, exculpatory evidence, within the prosecutor’s possession.
THE ACCUSED DEFENDANT IS ENTITLED TO BE REPRESENTED BY THE ATTORNEY OF HIS CHOICE FOR THESE PROCEEDINGS. THE ACCUSED DEFENDANT IS ENTITLED TO A HEARING ON THE PROSECUTOR’S MOTION at which time witnesses can be cross examined, presentation of information by proffer can be presented, an accused may testify, the rules governing admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at (this) hearing.
Whether an accused defendant will be given bail and reasonable terms and conditions of PRETRIAL RELEASE by PRETRIAL SERVICES (the Judge) will depend upon the consideration of many factors. The most important factor is the gravity of the accusations.
If the alleged offense is (for example) a non-violent 4th or 3rd degree theft, or possession, there is a rebuttable presumption that some amount of monetary bail, non-monetary conditions of pretrial release or combination thereof, should reasonably assure the accused defendant’s appearance in court when required, would assure the safety of victims or the community, and that the accused will not obstruct or attempt to obstruct the criminal justice process (by engaging in flight, witness tampering, etc..)
If, however, the offense is one which requires an extended term of life in prison, (for example) murder, felony murder, i.e., a death occurring in the commission of a violent felony like armed robbery, there is a rebuttable presumption of detention.
For the majority of accused defendants, some palatable form of relief should be obtainable. More about this in a subsequent article.
In my 30 plus years of being a NEW JERSEY CRIMINAL DEFENSE ATTORNEY I have handled many hundreds of indictable criminal matters for accused defendants and many motions to set and/or reduce bail. Please contact me for competent representation in all criminal defense matters.
If you or somebody you know has been arrested on a warrant complaint, I can help you obtain pretrial release.
Please contact me for your free initial consultation today.
Stephen A. Gravatt, Esq.
(732)-337-7922
www.njdwicriminaldefenseattorney.com
