Union County, NJ Public Safety Assessment for Criminal Cases

Does Union County, NJ Have Bail for Criminal Cases?

Facing criminal charges in Union County, New Jersey can be an overwhelming experience. Questions about bail, release from custody, and the legal process can create significant anxiety. Understanding how bail works in Union County, especially in light of the 2017 Bail Reform Act, is critical to navigating your situation and protecting your rights.

This comprehensive page will delve into the intricacies of bail in Union County, addressing the impact of recent reforms, the Public Safety Assessment (PSA), and the distinction between pre- and post-2017 cases. It will also highlight how an experienced criminal defense attorney, such as Brett M. Rosen, Esq., can guide you through this complex process and advocate for your freedom while awaiting trial.

Bail in Union County, NJ: The Pre-2017 Landscape

Before 2017, New Jersey operated under a traditional cash bail system. When someone was arrested, a judge would typically set a monetary bail amount that the defendant or their family had to pay to secure release from jail pending trial. This system often resulted in individuals being detained simply because they couldn’t afford bail, even if they posed little risk of flight or danger to the community.

The 2017 Bail Reform Act: A Paradigm Shift

In 2017, New Jersey implemented sweeping bail reforms aimed at addressing the inequities of the cash bail system. The Bail Reform Act shifted the focus from monetary bail to a risk-based assessment. Now, the decision to release or detain a defendant is based primarily on their risk of flight or danger to the community, as determined by a Public Safety Assessment (PSA).

Bail for Indictable Offenses: The PSA and Detention Hearings

Post-2017:

• For most indictable offenses (more serious crimes), the concept of monetary bail has been effectively eliminated.
• Instead, defendants undergo a Public Safety Assessment (PSA) conducted by a pretrial services officer. The PSA evaluates the defendant’s risk factors using a validated algorithm, generating a recommendation for release or detention.
• Based on the PSA and other relevant information, a judge holds a detention hearing to make the final determination.
• If the judge determines the defendant poses a significant risk of flight or danger, they can be detained without bail. Otherwise, they may be released under various conditions to ensure their appearance in court and the safety of the community.

Pre-2017:

• For cases involving crimes committed before 2017, the traditional cash bail system still applies.
• A judge will set a monetary bail amount based on factors like the severity of the offense, the defendant’s criminal history, and their ties to the community.

The Impact of the Bail Reform Act

For Indictable Offenses Committed After January 1, 2017:

• No Traditional Bail: If you are charged with an indictable offense (a more serious crime, typically a felony) committed after January 1, 2017, there’s no longer a monetary bail amount set. Instead, a Public Safety Assessment (PSA) is conducted to determine your risk level.
• Public Safety Assessment (PSA): This tool uses data to assess your likelihood of failing to appear in court and committing a new crime while awaiting trial.
• Possible Outcomes:
  
  • Release on Own Recognizance (ROR): If your PSA indicates a low risk, you may be released without any conditions or monitoring.
  • Conditional Release: If deemed a moderate risk, you may be released with conditions like electronic monitoring, reporting requirements, or curfews.
    
    • PML I: Monthly reporting to a pre-trial services officer. This is typically done by a phone call. 
    • PML II: Bi-weekly reporting to a pre-trial services officer. This typically involves the defendant calling a pre-trial service officer once a month as well as appearing in-person or doing a Zoom or FaceTime call with their pre-trial services officer once a month. 
    • PML III: Weekly reporting to a pre-trial services officer. This involves two weekly phone calls as well as two weekly in-person meetings with their pre-trial services officer. 
    • PML III+: Commonly known as house arrest, the defendant will likely be issued a ankle monitor. The defendant is usually not allowed to leave their home or residence unless it is for work or for medical services.  
  • Pretrial Detention: If deemed a high risk, the court can order you to be detained without the option of bail.

Navigating the Bail Process in Union County

Whether your case falls under the pre- or post-2017 bail system, the process can be complex and intimidating. Here’s a general overview of what you can expect:

1. Arrest and Booking: If you’re arrested in Union County, you’ll be taken to the police station for booking, which involves fingerprinting, photographing, and gathering personal information.

2. First Appearance: Within 48 hours of your arrest, you’ll have a first appearance before a judge. This is where the judge will make an initial bail determination based on the PSA (for post-2017 cases) or other factors (for pre-2017 cases).

3. Detention Hearing (Post-2017 Cases): If the PSA recommends detention or the prosecutor requests it, a detention hearing will be held where the judge will hear arguments from both sides and make a final decision on whether to release or detain you.

4. Release or Detention: If you’re granted release, you’ll be subject to any conditions imposed by the judge. If you’re detained, your attorney can file motions to challenge the detention or seek a review of the bail decision.

5. Trial and Sentencing: Your case will proceed through the court system, with your attorney advocating for your rights and interests at every stage.

The Role of a Criminal Defense Attorney

Having an experienced criminal defense attorney by your side is crucial, regardless of whether your case falls under the pre- or post-2017 bail system. An attorney can:

• Advocate for your release: Your attorney can present compelling arguments and evidence to the judge, emphasizing your ties to the community, lack of criminal history, and other factors that demonstrate you’re not a flight risk or a danger.
• Challenge the PSA: If your case is post-2017, your attorney can scrutinize the PSA results, identify any flaws or inaccuracies, and argue for a different recommendation.
• Negotiate favorable release conditions: If you’re granted release, your attorney can negotiate with the prosecutor and the judge to ensure the conditions of your release are reasonable and don’t unduly restrict your freedom.
• File motions to challenge detention or excessive bail: If you’re denied bail or the bail amount is excessive, your attorney can file motions to challenge these decisions and advocate for your release.
• Provide guidance and support throughout the legal process: Facing criminal charges can be overwhelming. Your attorney will be there to explain your rights, answer your questions, and provide you with the support you need to navigate this challenging situation.

Frequently Asked Questions (FAQs)

1. Does the Bail Reform Act apply to all criminal cases in Union County?

   • The Bail Reform Act primarily applies to indictable offenses committed after January 1, 2017. Cases involving crimes committed before that date may still be subject to the traditional cash bail system.

2. What factors are considered in the Public Safety Assessment (PSA)?

   • The PSA evaluates various risk factors, including your age, criminal history, the nature of the current charges, and any pending charges or failures to appear in court.

3. Can I be detained even if I’m not charged with a violent crime?

   • Yes, if the judge determines that you pose a significant risk of flight or danger to the community, you can be detained regardless of the specific charges you’re facing.

4. How often are PSA recommendations overturned by judges?

   • While judges generally give significant weight to the PSA recommendations, they are not bound by them. They can override the recommendation if they believe it’s not appropriate based on the specific circumstances of your case.

FAQs Continued

1. What can I do if I’m detained pretrial and believe the decision is unjust?

   • Your attorney can file motions to challenge the detention decision and request a review of the Judge’s determination. They can also present new evidence or arguments to try to secure your release.

2. How can I prepare for a detention hearing?

   • Your attorney will help you gather evidence and prepare your arguments for the detention hearing. It’s essential to be honest and forthcoming with your attorney about all relevant information.

3. What are some common conditions of release that a judge might impose?

   • Common conditions of release include travel restrictions, curfews, electronic monitoring, no-contact orders, and mandatory drug testing or counseling.

4. Can I change attorneys if I’m not satisfied with my current representation?

   • Yes, you have the right to change attorneys at any time during your case. However, it’s important to consider the potential impact on your case and discuss the matter with your current attorney before making a decision.

Don’t Face a Criminal Charge in Union County Alone-Contact Brett M. Rosen

Understanding the complexities of bail in Union County, NJ, especially in light of the 2017 Bail Reform Act, is crucial for anyone facing criminal charges. Whether your case involves pre- or post-2017 offenses, having a knowledgeable and experienced criminal defense attorney by your side is essential.

Brett M. Rosen, Esq., is dedicated to protecting the rights and freedoms of his clients. He will fight tirelessly to secure your release, challenge any unjust detention decisions, and advocate for your best interests throughout the legal process.

If you or a loved one are facing criminal charges in Union County, NJ, don’t hesitate to contact Brett M. Rosen, Esq., today for a free consultation. 908-312-0368 & brett@nynjcriminalcivilesq.com.