How Bail and Pretrial Release Work in New Jersey

Being arrested is stressful, and one of the first questions people ask is, “Will I have to stay in jail until my court date?” In New Jersey, recent bail reform laws have significantly changed how pretrial release works. This blog post explains the current system and what to expect if you or a loved one is arrested.

Overview of Bail Reform in New Jersey

In 2017, New Jersey implemented a major overhaul of its bail system. Traditionally, judges would set a monetary bail amount, and defendants could pay to be released while awaiting trial. This system was criticized for favoring wealthier defendants and keeping low-income individuals incarcerated simply because they couldn’t afford bail.

Under the new system:

• Monetary bail is rarely used
• Judges decide pretrial release based on risk assessment rather than ability to pay
• More defendants are eligible for release on recognizance (ROR) or supervised release

Pretrial Risk Assessment

When someone is arrested, the Pretrial Services Program uses a Public Safety Assessment (PSA) to evaluate the person’s risk level. This score helps the judge determine whether the individual should be released and under what conditions.

The PSA considers:

• The person’s criminal history
• History of prior failures to appear in court
• Whether the current charge is violent

Based on this, the judge may:

• Release the person without conditions (ROR)
• Release with monitoring or supervision
• Order pretrial detention (no release)

Detention Hearing

If the prosecutor believes the person should remain in jail, they can file a motion for detention. This triggers a detention hearing, where the court decides if the defendant should be held without bail until trial.

The judge considers:

• The seriousness of the charge
• The defendant’s risk of flight
• Potential danger to the community

If detention is ordered, the defendant remains in custody until their case is resolved.

Conditions of Release

For those released, the court may impose certain conditions:

• Weekly check-ins with Pretrial Services
• No contact with alleged victims or co-defendants
• Travel restrictions
• Electronic monitoring (ankle bracelet)

Failure to comply with these conditions can lead to re-arrest and further restrictions.

When Is Bail Still Used?

Although rare, monetary bail is still allowed in some cases:

• When a defendant poses a moderate flight risk but doesn’t qualify for detention
• If the judge determines that monetary conditions are appropriate to ensure appearance in court

However, the emphasis remains on non-monetary conditions and release decisions guided by risk, not finances.

Benefits of the New System

The bail reform system aims to:

• Reduce unnecessary pretrial incarceration
• Ensure fairness regardless of income
• Focus on public safety and flight risk

So far, studies show that most defendants appear in court as required and do not commit new crimes while awaiting trial.

What to Do If You’re Facing Detention

If you or someone you know is facing a detention hearing:

• Contact a criminal defense attorney immediately
• Be prepared to present evidence showing ties to the community, employment, and lack of criminal history
• Your attorney can challenge the PSA score or offer alternatives to detention

Final Thoughts

New Jersey’s bail system now focuses on fairness and safety rather than wealth. Understanding how pretrial release works can help you or a loved one navigate the first critical stages of the criminal process.

Don’t go through this alone. If you’re facing charges or a detention hearing, speak with a New Jersey criminal defense lawyer as soon as possible. An experienced attorney can advocate for your release and help protect your rights from day one. We recommend criminal defense attorney jersey city.