Detention Hearings

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Ocean County Detention Hearing Lawyer

Since January 1, 2017, New Jersey has modified its previous statewide Bail Schedule and instituted a new system for determining pre-trial detention of those charged with criminal offenses. Once a complaint is signed against an individual, an Assistant Prosecutor in the county where the crime took place will aid the charging Police Department in either allowing the arrestee to be Released on his own Recognizance (ROR), or be remanded to the County Jail and scheduled for a Pre-Trial Detention Hearing. Once incarcerated, you will be either brought to the Superior Court or spoken to on video by a Judge who will inform you of your rights, the process and procedure involved in being detained as well as the charges against you. If the State decides to file for detention; indicating they are not willing to consent to your release after an initial review of your matter, you will be scheduled for a formal Pre-Trial Detention Hearing. At the hearing, whether you are released or remain in custody will depend largely upon what is now know as your Public Safety Assessment or “PSA.” This document employs a a mathematical analysis of whether you are a risk to fail to appear at any future scheduled proceedings as well as if you pose a threat to society. A PSA “score” is generated for each category on a scale of 1 to 6; with 1 being the least and 6 being the most serious.

A variety of factors are considered when generating a PSA for a particular defendant, and employing an attorney to interpret those factors, consider any that were not accounted for as well as present the possible deficiencies in the state’s case against is of paramount concern during a Detention Hearing. Pre-Trial release can be in the form of House Arrest or some type of monitoring by the Probation Department within the county you have been charged; which will include certain levels of conditions, restrictions and consequences if any of those imposed are violated. If you are unsuccessful in being released, you will remain incarcerated until your matter is resolved or a trial is scheduled; which may be as close to a year. Call the Law Office of Nicholas A. Moschella, Jr., LLC for a free consultation if there is possibility of being charged with a crime, or if you know someone who is currently incarcerated pending a Detention Hearing. Conditions of Pre-Trial release may be negotiated on your behalf; Mr. Moschella can be reached 24 hours a day, 7 days a week at (732) 930-3482 to discuss your matter.

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Whether you have been charged with a DWI, Criminal, Traffic or Domestic Violence offense; you need to be represented by an experienced and knowledgeable attorney to immediately begin to prepare a defense in your matter and protect your rights. Contact us for a FREE Consultation and see what The Law Office of Nicholas A. Moschella, Jr. can do for you.