Understanding Your PSA Score and How it Affects Your Chances of Release from Detention

Background

 The purpose of a pre-detention hearing is to assess whether a defendant should be incarcerated before their trial. Detention hearings in New Jersey have shifted from a system that sets monetary bail as a form of release to a risk-based assessment as a result of New Jersey’s Criminal Justice Reform Act (CJRA), enacted in January 2017. At the Law Offices of Eric B. Morrell our staff is well informed on the CJRA and is prepared to guide those going through the pre-detention process step-by-step. 

Before the Detention Hearing

 To be eligible for a pre-detention hearing, a person must be arrested on specific charge and issued a complaint warrant once detained. This is different from a complaint summons, as a complaint warrant gives law enforcement the ability to detain a person at their local county for 48 hours to be held before their trial. Typical crimes that are categorized with a complaint warrant in New Jersey include but are not limited to: 

• Robbery (2C:15-1)
• Murder (2C:11-3)
• Domestic Violence (2C:25-19)
• Aggravated Assault or Sexual Assault (2C:12-1, 2C:14-2)
• Escape (2C:29-5)
• Graves Act Crimes (2C:43-6) 

Public Service Risk Assessment (PSA)

 After January 2017, the state of New Jersey moved from a cash bail system to a Public Service Risk Assessment (PSA) to avoid holding innocent people in jail for a prolonged period of time. All defendants issued a complaint warrant in New Jersey must undergo a PSA. A PSA outlines a criminal defendant's risk of failure to appear, risk of new criminal activity, and risk of new violent criminal activity. These factors are broken down on a 6 point scale. Then each factor is assessed and given a raw score, to correspond to a number on the 6-point scale (See Chart on the Top). While this assessment aims to give a holistic view of a client’s pretrial release, at the Law Offices of Eric B. Morrell, we have challenged the pretrial unit on its calculations numerous times and the pretrial unit has agreed to make changes. The 9 factors that the assessment considers is listed in the following: 

1. Age when arrested
2. Current Violent Offense
3. Pending charge at the time of the offense
4. Prior Disorderly Persons Conviction (Excludes ordinance violations or petty disorderly persons offenses)
5. Prior Indictable Convictions 
6. Prior Violent Conviction 
7. Prior failure to appear at a pre-disposition court date in the last 2 years (Excludes ordinance violations, traffic offenses, or petty disorderly persons offenses) 
8. Prior failure to appear at a pre-disposition court date more than 2 years ago (Excludes ordinance violations, traffic offenses, or petty disorderly persons offenses)
9. Prior Sentence to incarceration (Sentences of 14 days or more)

EBM Law’s Commitment 

 The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has over 20 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are: 

1. Criminal Defense
2. DUI/DWI
3. Guns & Weapons Crimes 
4. Pre-Trial Detention Hearings
5. Expungements for Prior Convictions

In reference to Pre-Trial detention hearings, our offices have come across miscalculations by the PSA unit and challenge their assessment to ensure that each factor is evaluated properly. Our communications with the courts have prepared us to address any issues that may arise in the assessment to represent you the best that we can. We will draft a detailed opposition to detention motion with the appropriate supporting documents to help ensure your release. Our firm will swiftly react as soon as a detention motion is filed to aggressively fight for the justice you deserve. With proper review and a knowledgeable team, the Law Offices of Eric B. Morrell is prepared to help you through New Jersey’s detention hearing process in a rapid and effective manner.