• Free Initial Consultation
  • Available 24/7
  • We Accept all Major Credit Cards
  • Jersey City Office
  • Mountainside Office
Se Habla Español

Jersey City Office

phone

Ask a Question

The Law Offices of Proetta & Oliver

Hudson County

Criminal Defense Lawyer

"We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey."

- William A. Proetta, Esq.

Schedule a ConsultationTap to Call

Detention Hearings in Domestic Violence Cases

Detention Hearing Attorney in Jersey City, New Jersey

New Jersey recently passed a new law known as “Bail Reform” which eliminated all bail in our state. Instead of bail, defendants now either get released without paying money or get held in jail indefinitely. This detention lasts during the entirety of the case, which can often mean until a plea takes place or there is a trial verdict. Detention hearings are only normally reserved for the most serious violent criminal charges such as crimes involving guns, robbery and mandatory state prison, however the lawmakers also made detention hearings apply to domestic violence charges which includes charges such as Simple Assault, Terroristic Threats, Harassment, Burglary, Criminal Mischief, Aggravated Assault, Lewdness and more. If you or your loved has been charged with a crime of domestic violence and requires a detention hearing then it is important that you contact an experienced attorney today. Our criminal defense attorneys regularly appear for clients at detention hearings to argue for release. Contact our office today at (201) 793-8018 to learn more about how we may be able to help you during a free consultation.

Crimes that Involve Detention Hearings

  1. Any crime or offense involving domestic violence
  2. Any crime of violence subject to the No Early Release Act (NERA)
  3. Any crime which subjects the defendant to a life sentence (including extended term sentences)
  4. Any crime if the defendant has twice previously been convicted of NERA crimes or crimes carrying life sentences
  5. All sex crimes, and
  6. All weapon & gun crimes that falls under the Graves Act

Why Do Simple Assault Charges Require a Detention Hearing?

Most violent domestic violence charges are considered indictable or felony cases with the exception of simple assault. Simple assault charges are very common because police are actually under a mandatory duty to make an arrest whenever there is an admission or evidence of an assault no matter how minor. And now under the new law, all domestic violence charges including simple assault require a mandatory PSA or public safety assessment. This means that defendants charged under a warrant with a disorderly persons offense of simple assault will have to turn themselves in or be arrested and sit in the county jail for at least 24 to 48 hours in the county jail before going before a judge in the superior court who will screen the case with the prosecutor and decide whether they will let them out or not. This has made things a lot more complicated for clients facing domestic violence charges that would normally be handled in municipal court will little chance of going to jail in the past. Moreover, if released defendants normally have to report to the pre-trial services at the superior court regularly while the case is pending and the judge will normally order a no contact order with the alleged victim.