Although you have the right to a speedy trial, it is common for those accused of a crime to wait weeks or even months between arraignment and their criminal trial. Most people do not want to spend that much time in state custody, so they will oppose the state’s motion to detain them pending their trial. Although the posting of monetary bail is a condition left to the judge’s discretion, it is a rarity under the new Bail Reform Act.
An experienced attorney is essential at the detention hearing. It is a mini-trial where the judge determines whether the state has not its burden that no amount of conditions would assure the appearance of the defendant at all scheduled court appearances.
Bail reform efforts seek to make temporary relief between arraignment and trial accessible to those with fewer financial assets. An experienced, qualified attorney will present proofs to the judge on behalf of their clients seek to make temporary relief between arraignment and trial accessible to those with fewer financial assets.
Getting out of jail should not be prohibitively expensive
Many individuals in a detention hearing do not pose a threat of flight or a threat to public safety. If judges allow them to leave on their own recognizance, they would not have to pay to be released. The defendant would promise in court to return for trial. Those opposed to bail reform argue that those released without financial bail before trial would either flee or go on to commit more crimes.
Data from just the first few years after reform in New Jersey shows bail reform has not resulted in a wave of crime. In fact, crime rates have declined in recent years, showing there was little reason for concern about people skipping bail or causing trouble before trial.
It is not uncommon for information in the Public Safety Assessment is inaccurate and the ratings of the defendants, prepared by a probation officer are improperly high. Issues such as ties to the community, letters of recommendation, proof of employment, and community contributions are essential for the defendant at the detention hearing. If a defendant is detained, they may remain so until the trial is concluded or their case is resolved.
Bail reform has made it easier for adults to seek fair treatment from the criminal justice system and to continue earning an income to cover the costs associated with a strong criminal defense.