Detention Hearings in New Jersey

Since New Jersey eliminated cash bail in 2017 under the Criminal Justice Reform Act (CJRA), the state uses a risk-based system to determine whether defendants should be detained or released before trial. If the prosecution files a motion for pretrial detention, a detention hearing must be held.

At a detention hearing, the stakes are high — the court will decide whether you remain in jail or are released while your case is pending. Having an experienced attorney at this critical hearing can make the difference between your freedom and extended incarceration.

How Detention Hearings Work

The prosecution must prove by clear and convincing evidence that:

• No conditions of release can reasonably assure the defendant's appearance in court
• The safety of any person or the community would be seriously threatened
• The defendant will not obstruct justice

The Public Safety Assessment (PSA)

New Jersey uses a Public Safety Assessment tool that evaluates risk factors including:

• Current charge severity
• Prior criminal history
• Prior failures to appear
• Prior convictions for violent offenses
• Age at current arrest

Detention Hearings in Middlesex County

When a defendant is arrested in Middlesex County, they may be held at the Middlesex County Adult Correction Center pending a detention hearing. These hearings take place at the Middlesex County Superior Court in New Brunswick. Mr. Moschella fights aggressively for pretrial release, presenting evidence of community ties, employment, and other factors that favor release for clients from Edison, Woodbridge, Old Bridge, New Brunswick, Perth Amboy, Piscataway, Sayreville, and throughout Middlesex County.