Last reviewed . Law current as of October 2026.
If the prosecutor moves to hold you without release, a New Jersey judge holds a detention hearing no later than your first appearance unless it is continued (N.J.S.A. 2A:162-19). The State must show by clear and convincing evidence that no release conditions would reasonably assure your appearance, public safety, and the integrity of the process.
Key takeaways
- Detention requires clear and convincing evidence that no conditions would be enough (N.J.S.A. 2A:162-18).
- Murder and life-sentence offenses carry a rebuttable presumption of detention.
- The hearing timeline is set by N.J.S.A. 2A:162-19.
What is a pretrial detention hearing, and when is it held?
| Event | Deadline |
|---|---|
| Detention hearing | No later than the first appearance (or within 3 working days if the motion is filed later), unless continued |
| Defense continuance | Up to 5 days, absent good cause |
| Prosecutor continuance | Up to 3 days, absent good cause |
| Indictment if detained | Within 90 days, excluding excludable time (2A:162-22) |
| Trial if detained | Within 180 days after indictment, excluding excludable time |
| Outer limit | Release if the prosecutor is not ready within 2 years, excluding defense delay |
What does the judge consider at a detention hearing?
- The Public Safety Assessment prepared by Pretrial Services
- The nature and circumstances of the charge and the weight of the evidence
- Your history, ties to the community, and record of appearing in court
- Danger to any person or the community
- Risk of obstruction
What must the State prove to detain me? Does NJ still have bail?
Detention requires clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination would reasonably assure appearance, protect safety, and prevent obstruction (2A:162-18). For murder or offenses carrying life imprisonment, there is a rebuttable presumption of detention.
How do I prepare for a detention hearing?
- Get the complaint, affidavit of probable cause, and PSA to your lawyer quickly.
- Gather proof of address, work, school, family responsibilities, and treatment.
- Identify a responsible adult who can attend.
- Do not discuss the facts on recorded jail calls.
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
Frequently asked questions
Is there bail in New Jersey?
Monetary bail is rarely used since January 1, 2017. Judges use release conditions or, after a hearing, detention.
Can a detention order be appealed?
Yes. Detention orders can be appealed on an expedited basis.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.