New Jersey Pretrial Detention Appeal (PDA) — State's Response is the response of the state of New Jersey to an appeal of a detention order issued by a judge in a pretrial hearing. The appeal is a process in which a defendant has the right to challenge the legality of a detention order issued by a judge in a pretrial hearing. The PDA — State's Response is a written brief that outlines the state's position regarding the detention order and the reasons for its continued enforcement. The response is filed in the Appellate Division of the Superior Court of New Jersey. There are two types of PDA — State's Response: an opposition to the appeal or a motion to affirm the detention order. In the opposition, the state argues that the detention order should not be overturned. In the motion to affirm the detention order, the state maintains that the detention order should remain in effect.
New Jersey Pretrial Detention Appeal (PDA) - State's Response
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FAQ
In the case of an indictable offense, if the prosecutor chooses to file a detention motion, you can be held in jail for up to 48 hours while the state gathers background information on you and schedules a detention hearing before a judge.
Is There A Presumption For Release Or Detention Under The Law? Yes. There is a presumption that the defendant shall be detained prior to his/her trial if they are charged with: (1) murder; or (2) an offense that exposes the defendant to life imprisonment.
(1) A pretrial detention hearing shall be held before a Superior Court judge no later than the defendant's first appearance unless the defendant or the prosecutor seeks a continuance or the prosecutor files a motion after the defendant's first appearance.
A major stage of a New Jersey criminal case is a detention hearing. This proceeding only arises if a motion to detain has been filed by the prosecutor at or before a defendant's initial appearance.
Some drug-related charges and crimes of violence carry a presumption of detention, meaning due to the nature of the crime charged it is believed that release is not safe. Your attorney will talk to you about your specific circumstances and may ask the court to set the motion for hearing.
