Order Scheduling a Detention Hearing is a process in which a court or other legal authority orders a hearing in order to determine whether an individual accused of a crime should be detained in jail or released on bail. The purpose of the hearing is to determine if there is enough evidence to hold the accused in custody until trial. There are two types of Order Scheduling a Detention Hearing: 1. Initial Detention Hearing: This type of hearing is held shortly after the accused is arrested. During the hearing, the court will decide whether there is probable cause to hold the accused in custody until trial. 2. Review Detention Hearing: This type of hearing is held after the initial hearing. During the hearing, the court will review the evidence and determine whether the accused should remain in custody or be released on bail.
Order Scheduling a Detention Hearing
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FAQ
In almost all cases, the detention hearing is the only opportunity for a defendant to be released before trial. It is usually scheduled within four days of the first appearance. At the detention hearing, the judge will want to speak to the person who will be responsible for monitoring the defendant if released.
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.
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.
(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.