A few years ago New Jersey eliminated the old cash bail system and replaced it with something completely different. In 2017, New Jersey eliminated cash bail, and many of the new provisions took effect at the start of 2018. This was shift from a monetary-based system to one that focuses on assessing risk. Instead of paying money to get out of jail, the state now uses a risk-based system. It centers on two main questions. They are: 1) Is the defendant likely to show up for court? And 2) Is the defendant a danger to the community?
One of three things happens within 48 hours when law enforcement first arrests a person in New Jersey. The person is 1) released on their own recognizance with a court date, 2) released with conditions, or 3) held for a detention hearing if the prosecutor files a Motion for Pretrial Detention.
The court will hear the prosecutor’s Motion for Pretrial detention within three business days if they file this motion. Here, the judge will determine if the defendant remains in jail until their trial. This happens when the judge determines that the defendant is too risky to release.
The big difference? Money is no longer part of the equation. Rich or poor, your bank account doesn’t determine whether you go home or stay behind bars. Your family’s ability to pay a bail no longer impacts your right to be free pending trial.
Release on Recognizance (ROR)
When a defendant is released on recognizance (ROR), they sign a written agreement to return to court for all court dates. ROR is a common form of bail release in New Jersey. It’s typically granted when the judge believes the defendant is highly likely to return to court as promised, doesn’t pose a danger to the community, and will not obstruct the criminal justice process (such as by tampering with witnesses or evidence).
Release with Conditions
When a defendant is released with conditions, the court sets specific requirements that the defendant must follow throughout the duration of the criminal case. These conditions often include regular check-ins with court staff, drug testing, ankle monitoring, travel restrictions, and orders to avoid contact with others involved in the case, including potential witnesses or the victim. Failure to comply with these conditions can result in the defendant being remanded to jail for the remainder of the case.
In situations where conditions are imposed, having a knowledgeable attorney is critical. They can negotiate more favorable terms, advocate on your behalf, and work to ensure that the conditions do not unnecessarily jeopardize your freedom.
The Risk Assessment Tool: Meet Public Safety Assessment (PSA)
Here’s where things get interesting. New Jersey uses a computer program called the Public Safety Assessment (PSA) to assist judges in making release decisions. The PSA evaluates nine factors regarding the defendant and their criminal history:
- Age at the time of arrest
- Whether the current offense is violent
- Pending charges at the time of the offense
- Prior convictions
- Prior violent convictions
- Prior failures to appear in court in the past two years
- Prior failures to appear in court older than two years
- Prior sentences to jail or prison
- Prior sentences for violent crimes
The tool produces two scores: one estimating the likelihood that the defendant will appear in court and another assessing the risk of the defendant committing a new crime if released. Pretrial services prepare an assessment and make recommendations regarding release or remand to the judge, who may choose to follow or disregard the recommendations.
Keep in mind that while the PSA tool provides a structured risk assessment, the specifics of each case are unique. Factors beyond those captured by the PSA may influence outcomes, so expert legal advice is necessary. Moreover, although some sought the elimination of the monetary bail system in New Jersey, the new system is not perfect, and further refinements are needed. This is where having an experienced attorney can make a real difference. They understand how to interpret and challenge aspects of the PSA report if necessary, ensuring that your individual circumstances are fully considered.
What This Means for Regular People
Under the old system, if someone was arrested for a non-violent offense and bail was set at $5,000, they might have spent weeks in jail simply because they couldn’t afford to pay or secure a bail bond. Meanwhile, a wealthier individual could have been released immediately. Today, the defendant’s release depends solely on risk factors, not economic circumstances. If the PSA indicates that a defendant is low-risk and likely to appear in court, they may be released within 48 hours under certain conditions.
Even if the risk assessment seems unfavorable at first glance, an attorney skilled in criminal defense can work to highlight mitigating factors and negotiate for a release on bail that might not have been possible otherwise.
What to Do if You’re Arrested
If you or someone you know gets arrested in New Jersey, keep the following in mind:
- You have the right to a lawyer. If you cannot afford one, a public defender will be provided.
- A first appearance hearing will be held within 48 hours. Here, a judge decides whether you can be released.
- You may be held until a hearing on pretrial detention for three more business days. This happens when the prosecutor files a Motion for Pretrial Detention.
- The decision is based on risk, not money. Your financial situation won’t determine whether you go home or remain in jail.
- Comply with all release conditions. Missing court dates or violating conditions can result in an immediate remand to jail.
Looking Forward
New Jersey’s system has become a model for other states aiming to reform their bail practices. While imperfect, some considered it to be more fair than the old money-based approach. It is supposed to focus on public safety and ensuring court appearances rather than financial capacity. Remember, the goal of any bail system is to balance public safety, court appearance reliability, and the rights of the accused—a balance that the current system strives to achieve using modern tools and data-driven decisions.
We Can Help You
The criminal justice system in New Jersey is complex. When facing charges, bail is critical for protecting your constitutional rights and preparing your case. At Shuttleworth Law P.C., we have a proven track record of helping clients secure pretrial release—even in situations that might seem unlikely. Our experience and expertise can make the difference between prolonged detention and a timely release, allowing you to better prepare your defense.
Our experienced New Jersey criminal defense attorneys can determine if you are eligible for bail and can prepare a motion arguing for your release, if necessary.
Schedule a Free Case Evaluation with Shuttleworth Law, P.C.
The criminal defense team at Shuttleworth Law, P.C. will advocate for your right to bail. We investigate every relevant aspect of your circumstances, establish the viability of your request, and present our arguments in the best possible light. Find out more about your legal options by scheduling a Free Case Evaluation at 888-529-3486 or messaging us online.