If you know the feeling of handcuffs, you know the feeling of uncertainty and fear. The criminal justice system in our state can feel like a meat grinder. And, if one is arrested on a complaint-warrant, New Jersey must bring the accused before a judge within 48 hours of entering the county jail. If that is you, you are probably wondering what happens next.
The hearing
At the hearing, the judge advises you of the charge, your rights and your right to counsel. The court and, potentially, your attorney, reviews the conditions of release under New Jersey’s Criminal Justice Reform system. At that point, the judge may impose release conditions or order detention. Whether you will be released is entirely dependent on the facts of the case and the judge you stand before.
If you received a complaint-summons
Generally, at the first hearing, you will not be jailed. The first appearance is scheduled later (no more than 60 days). At that first court date, you will still be advised of rights and next dates.
About CJR
Our state has, essential, axed cash bail. Instead, judges use a risk-based assessment using objective factors. Judges focus on public safety and likelihood of appearance when setting conditions (e.g., reporting and monitoring requirements, no-contact orders, electronic monitoring, etc.). Annual judiciary reports track outcomes of the system.
Discovery and the next steps
Prosecutors must provide discovery early. Rule 3:13-3 sets pre-indictment discovery obligations and timelines, with further discovery due by the arraignment/status conference after indictment. Keep and review what you receive. Discovery drives motions practice and strategy.
Practical tips
Be on time, dress neatly and listen for any no-contact or testing conditions. Follow the court’s orders. Do not discuss your case in the hallway, with friends and family or on social media. Remember, statements can be used against you.