First Appearances and Detention Hearings in New Jersey

In recent years, New Jersey has largely abandoned traditional cash bail. In its place, the judiciary employs a risk-based instrument, the Public Safety Assessment (PSA), along with a statewide Decision-Making Framework (DMF) to determine whether an individual should be released or detained pending resolution of criminal charges. An understanding of the procedures at the initial court appearance and at any subsequent pretrial detention hearing provides valuable context for those navigating the system.

The road to the first appearance

Where a matter proceeds by summons complaint, the accused is generally not detained and instead receives a court date, appearing from the community. In contrast, cases initiated by warrant complaint result in the individual being remanded to the county jail, with a first appearance before a judge typically occurring within 24 to 48 hours.

Prior to the initial court appearance, Pretrial Services collects relevant background information and administers the PSA. This assessment considers nine criminal-history factors, including age, prior convictions, failures to appear, pending charges, and previous periods of incarceration, to generate the following:

• A Failure to Appear (FTA) score from 1–6.

• A New Criminal Activity (NCA) score from 1–6.

• A New Violent Criminal Activity (NVCA) flag (yes/no).

The PSA does not incorporate race, income, or residential location, but instead relies primarily upon an individual’s prior involvement with the criminal justice system. The three outputs produced by the PSA, when considered alongside the DMF and Release Conditions Matrix, inform a pretrial recommendation that may range from release without reporting requirements, through various levels of monitoring, to a recommendation against release in the most serious matters.

What actually happens at the first appearance

At the first appearance, the judge must:

• Inform the defendant of the charges.

• Explain core rights (counsel, grand jury, jury trial, silence, etc.).

• Confirm that a lawyer is present—New Jersey is unusual in that the Office of the Public Defender represents every eligible defendant at first appearance if they do not already have counsel.

• Review the PSA scores and the Pretrial Services recommendation.

• Decide whether to release, set conditions, or (if a detention motion is filed) schedule a detention hearing.

In many cases, the prosecution does not immediately seek pretrial detention. In such instances, the court determines appropriate release conditions, guided by the DMF and the established monitoring levels.

Understanding Pretrial Monitoring Levels (PML 1–3+)

If a judge orders release, an individual may be assigned to one of four monitoring levels, or released on recognizance without supervision.

• Released on own recognizance (ROR)

  • No regular reporting to Pretrial Services.

  • Must appear in court and obey basic conditions (no new offenses, no contact with victims/witnesses, etc.).

• Pretrial Monitoring Level 1 (PML 1)

  • One phone call per month to Pretrial Services.

  • Additional tailored conditions are possible (counseling, curfew, no‑contact).

• Pretrial Monitoring Level 2 (PML 2)

  • One phone and one in‑person visit each month (roughly every two weeks).​

  • Conditions can include services or restrictions, but no home detention or electronic monitoring at this level.

• Pretrial Monitoring Level 3 (PML 3)

  • Phone contact every other week and in‑person every other week (weekly contact).​

  • Used for higher PSA scores or concerning histories, with stronger conditions as needed.

• Pretrial Monitoring Level 3+ EM/HD

  • Same contact pattern as PML 3, plus electronic monitoring and/or home detention when ordered.

Every person on any level, including ROR, is in the Pretrial Services system for reminders and routine criminal‑history checks. What changes as you move from ROR to PML 3+ is the intensity and intrusiveness of monitoring.

When and how a detention hearing happens

Under New Jersey’s Criminal Justice Reform Act, the prosecutor may file a motion for pretrial detention only if the case is “eligible” (indictable offense or specified domestic‑violence‑related disorderly persons offense). In some situations—like certain gun charges, certain allegations involving children, and some violent crimes —the law now requires Pretrial Services to recommend “no release,” which strongly supports a detention motion.

The detention hearing is usually held no later than the first appearance or within a few days thereafter, depending on the court's scheduling and whether either side requests a brief continuance.

At the detention hearing, the judge considers:

• The nature and seriousness of the charges.

• The strength of the evidence.

• The defendant’s criminal record and any history of violence.

• The PSA scores and the NVCA flag.

• Past failures to appear.

• Ties to the community: housing, job, school, family, and length of residence.

The statutory framework establishes a presumption in favor of release; however, for certain serious offenses, including murder and specified gun or auto-theft charges, the presumption is reversed, thereby lowering the threshold the State must meet at the detention hearing. Nevertheless, the prosecution remains obligated to demonstrate that no combination of release conditions would adequately mitigate risk.

How PSA scores fit into release and detention decisions

PSA numbers, when used in court, may sound like “FTA 2, NCA 4, NVCA No.” These are not odds, but risk bands:

• Scores 1–2: lower risk compared with others.

• Scores 3–4: moderate risk.

• Scores 5–6: higher risk.

Research shows that:

• NCA scores do a fair‑to‑good job of ranking risk of new charges; FTA scores are a bit weaker but still better than chance.

• The PSA generally performs similarly across racial groups for NCA, though FTA has shown some race‑linked patterns in certain validation studies, which is why many systems are cautious about treating small FTA score differences as definitive.

Judges are instructed to regard PSA scores and the DMF matrix as advisory tools rather than determinative mandates. The ultimate decision regarding release and the imposition of conditions must be based upon the specific facts of the case, the individual’s history, and the statutory factors set forth by law.

How families can help before and after the hearing

There are concrete ways families can support someone going through these hearings:

Before the first appearance or detention hearing:

• Help gather information about:

  • Employment (employer’s name, how long on the job, shift).

  • School, training, or childcare responsibilities.

  • Health or mental‑health treatment and medications.

  • Stable housing and who lives in the home.

• Get names and phone numbers of supportive people (family, clergy, employers) who can confirm that the person has strong community ties.

  During the process

  • Be present in court when possible; respectful family support can make a difference.

  • Avoid any contact with alleged victims or witnesses.

During the process

• Be present in court when possible; respectful family support can make a difference.

• Avoid any contact with alleged victims or witnesses.

After release:

• Help your loved one keep track of:

  • Court dates.

  • Pretrial check‑in times and locations.

  • Any special rules: no‑contact orders, curfews, treatment appointments, EM requirements.

Many violations occur because people are embarrassed to admit practical problems (such as transportation or work schedule conflicts).

About hope and limits

It’s important to be honest: no tool or system can guarantee release, and some people, especially in serious violent, gun, or auto‑theft cases, will face strong “no release” recommendations. At the same time, New Jersey’s reform has dramatically reduced the old practice of holding low‑risk people in jail just because they could not afford bail.

For most clients, that means:

• There is a real chance of going home under certain conditions if the case is not among the most serious, especially if they have strong ties to their community and a clean or limited record.

• The best thing they can do is work closely with their lawyer, comply with the conditions carefully, and, over time, demonstrate to the court that they can succeed on release.

If you are a client or family member reading this, you should know: you are allowed to ask questions, you are allowed to be confused, and you are allowed to lean on your lawyer and their staff for explanations at each step. The process is complicated; you don’t have to go through it alone.