When a loved one is arrested in New Jersey, the first instinct is likely to ask what the bail amount is. As we begin 2026, it is vital to understand that New Jersey no longer relies primarily on cash bail. Under the New Jersey Criminal Justice Reform Act, the state uses a risk-based pretrial system to decide whether a person should be released and, if so, under what conditions. This means that instead of focusing on a dollar amount, the process can move quickly into a high-stakes legal fight about release, monitoring, or detention.
The first 48 hours after an arrest that results in commitment to the county jail are the most critical. This is the window where the court makes a pretrial release decision at a first appearance, unless the prosecutor moves for detention, and it can determine whether you return home or remain in jail while your case proceeds.
At Mark H. Jaffe Attorney at Law, we have seen how quickly these situations escalate, and we know the value of having an experienced legal advocate by your side during this window can strongly influence whether you are released and under what conditions.
Understanding the Warrant vs. Summons Distinction
The legal process begins with the charging document. In New Jersey, you are either charged on a summons or a complaint-warrant. If you receive a summons, you are generally processed and released with a date to appear in court. That said, if the police issue a complaint-warrant, you are typically taken into custody and processed through the county jail before your first appearance.
Once you are committed to the jail, a 48-hour clock starts ticking. The court makes a pretrial release decision at a first appearance within that timeframe unless the prosecutor moves for detention. During these two days, the Pretrial Services Program generates a report that will heavily influence what happens next. This report includes the Public Safety Assessment, or the PSA.
What is the Public Safety Assessment (PSA) Score?
The PSA is an actuarial tool used in New Jersey’s pretrial process to help assess risk. It does not look at your character or your personal story. Instead, it uses defined risk factors tied to age and criminal-history indicators. The PSA is designed to assess risk of failure to appear in court (FTA) and new criminal activity (NCA), and it may include a new violent criminal activity (NVCA) flag.
Key PSA risk factors used in New Jersey include:
- Age at current arrest
- Current violent offense
- Pending charge at the time of the offense
- Prior disorderly persons conviction
- Prior indictable conviction
- Prior violent conviction
- Prior failure to appear in the past two years
- Prior failure to appear older than two years
- Prior sentence to incarceration
We often see that these scores can be misleading without context. A person might score higher due to a decade-old issue or a missed court date that is more complicated than it looks on paper. Without a private Central Jersey criminal defense attorney to challenge how the information is presented, a judge may see only a number on a page rather than a human being with ties to the community.
The Prosecutor’s Motion for Detention
While the PSA provides information the court considers, the real danger often arises if the prosecutor files a formal motion for pretrial detention. This motion signals that the state intends to keep you in jail while the case proceeds. If this motion is filed, your release is no longer automatic. The court must schedule the detention hearing within three working days of the prosecutor’s motion, unless the court grants a continuance.
In Central New Jersey, prosecutors can be aggressive with detention motions, especially in serious cases. When the State seeks detention, the focus shifts to whether any conditions of release can reasonably assure public safety and your appearance in court.
Why the Detention Hearing is the Most Critical Stage
The detention hearing is an early, high-stakes proceeding. At this stage, the judge must decide whether the State has shown by clear and convincing evidence that no conditions of release can reasonably assure the safety of the community and your appearance in court.
If the judge orders detention, you could remain in jail for a significant amount of time. New Jersey’s speedy trial framework generally includes a 90-day limit from arrest to indictment and a 180-day limit from indictment to trial, and judges can grant additional time in certain circumstances. There is also an overall detention-to-trial limit of two years, excluding delays attributed to the defendant and other excludable time. That is why the detention hearing matters so much at the beginning of a case.
This is why we focus so heavily on the detention hearing. If we can secure your release at this stage, you can assist in your own defense from the comfort of your home. You can keep your job, stay with your family, and approach your case from a position of strength rather than desperation.
How a Private Attorney Makes the Difference
You might wonder if a public defender is sufficient for this hearing. While many public defenders are talented, detention hearings move fast and the window to prepare can be very short. Having counsel who can quickly review the PSA, gather verification documents, and present a workable release plan can make a meaningful difference during this initial stage.
When you choose to work with Mark H. Jaffe Attorney at Law, we take a different approach. We do not just accept the PSA score as fact. We work to provide the court with rebuttal evidence that the tool does not capture.
We can present:
- Evidence of stable employment and local residency
- Verified letters of recommendation from community leaders
- Proof of enrollment in treatment programs or counseling
- Proposed Third-Party Custodians who will supervise your release
We aim to show the judge that you are not a risk but an individual who deserves the presumption of innocence. We challenge the prosecutor’s proffer of evidence, pointing out the weaknesses in their case before it even gets to a grand jury.
Navigating Pretrial Monitoring Levels
Even if the judge agrees to release you, they will likely impose conditions. These are known as Pretrial Monitoring Levels (PML).
- PML 1: Weekly or monthly telephonic reporting to a pretrial officer.
- PML 2: In-person reporting and potential travel restrictions.
- PML 3: Intensive supervision, often including house arrest or electronic monitoring (GPS bracelets).
We advocate for the least restrictive conditions possible. Our goal is to ensure that your release does not feel like a secondary punishment. We want you to have the freedom to work and live your life while your legal team handles the complexities of the criminal charges.
The Urgency of the 48-Hour Window
If you or a loved one has been arrested, the clock is already running. Decisions made in the first 48 hours will echo throughout the rest of the case. Waiting until the first court date to hire an attorney is often too late, as the prosecutor may have already solidified their intent to seek detention.
We understand the fear and confusion that follows an arrest. The legal landscape in 2026 is complex, and the stakes have never been higher. You need a legal team that understands the nuances of the Central New Jersey court systems and the technicalities of the Public Safety Assessment.
Contact Mark H. Jaffe Attorney at Law Today for a Consultation About Your Case
If a loved one is currently being held in a New Jersey county jail, do not wait for the system to move at its own pace. The decisions made during the detention window can be difficult to change later, which is why early preparation matters. We are here to provide the aggressive, personalized, and strategic defense you need to pursue release and protect your future.
We serve clients throughout Central New Jersey, including those facing charges in Middlesex, Somerset, and Mercer Counties. Contact us immediately to discuss your options and let us start fighting for your freedom.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
