[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/njcriminallawdefense.com\/blog\/everything-you-need-to-know-about-pretrial-detention-appeals-in-new-jersey\/#BlogPosting","mainEntityOfPage":"https:\/\/njcriminallawdefense.com\/blog\/everything-you-need-to-know-about-pretrial-detention-appeals-in-new-jersey\/","headline":"Everything You Need to Know about Pretrial Detention Appeals in New Jersey","name":"Everything You Need to Know about Pretrial Detention Appeals in New Jersey","description":"Burlington County Pretrial Detention Appeal Attorney In 2017,\u00a0detention hearings\u00a0based on risk, as opposed to cash, replaced the traditional bail system in New Jersey. Instead of defendants posting a bond to get out of jail after an arrest, judges now determine whether a defendant charged with an\u00a0indictable crime\u00a0or a\u00a0domestic violence\u00a0offense remains in jail, gets released, or […]","datePublished":"2023-03-05","dateModified":"2026-01-04","author":{"@type":"Person","@id":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/#Person","name":"William Fay, Esq.","url":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Law Offices of William C. Fay IV","logo":{"@type":"ImageObject","@id":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","url":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/everything-you-need-to-know-about-pretrial-detention-appeals-in-new-jersey-blog-img.jpeg","url":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/everything-you-need-to-know-about-pretrial-detention-appeals-in-new-jersey-blog-img.jpeg","height":513,"width":768},"url":"https:\/\/njcriminallawdefense.com\/blog\/everything-you-need-to-know-about-pretrial-detention-appeals-in-new-jersey\/","about":["Criminal Defense","Criminal Process"],"wordCount":1310,"articleBody":"Burlington County Pretrial Detention Appeal AttorneyIn 2017,\u00a0detention hearings\u00a0based on risk, as opposed to cash, replaced the traditional bail system in New Jersey. Instead of defendants posting a bond to get out of jail after an arrest, judges now determine whether a defendant charged with an\u00a0indictable crime\u00a0or a\u00a0domestic violence\u00a0offense remains in jail, gets released, or gets released with conditions pending their trial at a pretrial detention hearing. Before a defendant\u2019s first appearance in court, the prosecution and defense present evidence at a pretrial detention hearing to support a finding for detention or release. The state must show detention is necessary by clear and convincing evidence that the defendant is dangerous to the community, a threat for committing another crime while out of jail, or a flight risk, so they should stay in jail\u00a0before their indictment\u00a0or trial. The court\u2019s decision hinges on the likelihood that an accused will appear in court for future hearings, commit crimes if released from jail, or try to obstruct the judicial process. In deciding, the court considers a Public Safety Assessment (PSA) that measures the likelihood of flight, crime, or obstruction to make its decision.Knowing when and how to file an appeal is crucial if the defendant in a criminal case has been ordered to stay incarcerated pending the outcome of their case. If your pretrial detention hearing ended in a detention order, ensure you have solid legal representation. Since time is of the essence, you want someone with experience in pretrial detention appeals and hearings in New Jersey. In many cases, a strong defense at a pretrial hearing may avoid the need for an appeal. However, when courts make errors, you must appeal quickly, with persuasive arguments and support to prove the trial court\u2019s mistakes. Our criminal defense team at Proetta, Oliver, & Fay includes a former Deputy Attorney General for the New Jersey Attorney General\u2019s Office and experienced attorneys who have been handling criminal cases in Burlington County and throughout New Jersey for years. We have the commitment, knowledge, and forethought to handle appealing your pretrial detention order in Burlington County or elsewhere in Southern New Jersey. Contact 732-339-3897 to discuss appealing a bail decision in your case or that of someone you love. We provide consultations at no cost and are ready to help.What are Valid Reasons to File a Pretrial Detention Appeal in New Jersey?Judges and prosecutors make mistakes, so a pretrial detention determination is only sometimes the final word. New Jersey law allows defendants to appeal a pretrial detention decision (N.J.S.A. 2A:162-19) when the pretrial judge makes errors regarding procedures or the law or the prosecution fails to establish that the defendant is the one who probably committed the charged crimes (probable cause). Procedural errors deny a defendant a fair trial. And a defendant may also challenge the court\u2019s determination that no conditions, such as bail or house arrest, may protect the public, assure the defendant\u2019s return to court, or prevent the\u00a0obstruction of justice.The pretrial detention court not only considers the risks attendant upon a defendant\u2019s release but also how effective alternatives to incarceration are in each case. So, a court may consider a defendant\u2019s history of\u00a0failures to appear\u00a0as support for not releasing a defendant from jail, even with an ankle monitor. A defendant may appeal that determination that nothing in the court\u2019s means can keep the defendant from missing future hearings. Another reason for appeal may be that the court\u2019s factual findings and reasons are unsupported by law or the defendant\u2019s record or the court\u2019s PSA has errors, making reliance on either or both an error. Finally, a defendant may challenge the court\u2019s finding that the defendant failed to rebut the presumption for detention when probable cause exists that the defendant committed a high crime like homicide.How Long do You Have to Appeal a Pretrial Detention Decision in NJ?An accused may seek leave to appeal from the trial court\u2019s detention order, asking for permission to appeal a pretrial detention order to the appellate division by filing a notice of appeal within\u00a0seven\u00a0days of the court order\u2019s entry. A pretrial release order with conditions like posting bail or house arrest is not appealable. So, once a judge determines that a person must remain incarcerated pending their indictment or trial, the defendant has one week in which to file an appeal. After the defendant files their notice of appeal, they have ten days from the date of the transcript delivery or notice of appeal (when there is no transcript) to file their brief with the grounds for appeal and supporting documents.What Documents and Information are Important when Appealing a Bail Determination in NJ?The bail determination appeal includes the notice of appeal that they must file and serve on the prosecutor\u2019s office along with an Expedited Information Form (Rule 2:9-13). And when a transcript is necessary to support their argument on appeal, the appellant must also file a transcript of the pretrial hearing with the notice of appeal and Expedited Information Form. So, when an appeal involves a pre-trial judge\u2019s mistaken procedural or evidentiary ruling, the transcript is necessary for the appellate court to read what occurred. An appellate judge may also request a transcript, even when the appealing defendant does not.What Factors are Considered for Pretrial Detention Appeals in Burlington County NJ?The Appellate Division reviews the trial court\u2019s decision, considering the factors and evidence it relied on to make its decision according to N.J.S.A. 2A:162-20. Those factors include the facts and circumstances of the offense defendant committed, specifically, the severity of the crime and the defendant\u2019s contribution to it, and whether the evidence shows clear and convincing evidentiary support for the defendant\u2019s detention. The defendant\u2019s history and character, the public safety risk upon releasing the defendant, the likelihood of the defendant\u2019s obstructing the criminal justice process, and the pretrial services program recommendations are also factors. So, a court may consider whether a defendant who committed domestic violence poses a threat to the victim upon release or of intimidating the victim or witnesses to keep them from testifying or prosecuting the defendant.How Long Does it Take to get a Response from the State if I Appeal a Bail Order in New Jersey?The state has ten days to respond with their brief and support. When a defendant does not file a brief but relies solely on the Expedited Information Form, the responding party has ten days from the filing of that form to respond. After the state and defendant file their briefs and responses, the appellate court decides the case on the appeal record, including the appeal notice, Expedited Information Form, detention order with factual findings and reasons, the PSA, transcript, if any, and briefs with attachments. On average, the appellate court decides typical appeals in a\u00a0month\u00a0to six months, but pretrial detention hearings are expedited (Rule 2:9-13). During that time, the defendant remains incarcerated.Speak to a Mount Holly Pretrial Detention Appeal Lawyer for AssistanceA criminal defense lawyer at Proetta, Oliver, & Fay can file a timely appeal on your behalf, gathering the necessary documents and preparing the appropriate filings with the court. Find immediate assistance by contacting our Burlington County law office and talk to an attorney who can assist with your pretrial detention order appeal. We represent clients charged with all manner of crimes and offenses in Mount Holly, Pemberton, Riverside, Evesham, Florence, Mount Laurel, Willingboro, Maple Shade, Medford, Delanceo, Moorestown, and throughout Southern New Jersey. Call 732-339-3897 or send us a message to get a free consultation about your pretrial detention appeal today."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/njcriminallawdefense.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Everything You Need to Know about Pretrial Detention Appeals in New Jersey","item":"https:\/\/njcriminallawdefense.com\/blog\/everything-you-need-to-know-about-pretrial-detention-appeals-in-new-jersey\/#breadcrumbitem"}]}]