Bail After An Arrest
N.J.S.A. 2A:162-17 — a release decision within 48 hours, relying first on non-monetary release
In New Jersey, the pretrial release law is construed to rely primarily on release by non-monetary means to assure a defendant's appearance, the safety of others and the integrity of the process, with detention on a prosecutor's motion only on clear and convincing evidence.
Within 48 hours. The court makes a pretrial release decision without unnecessary delay, and no later than 48 hours after the defendant is committed to jail, except for additional time, never more than seven days, for a ballistics analysis in a firearms case.
The court orders release on personal recognizance or an unsecured appearance bond when, considering the pretrial services risk assessment and what the prosecutor and defendant provide, release would reasonably assure appearance, safety and that the defendant will not obstruct justice. Otherwise it may add conditions.
Sources for this section (2)
- N.J.S.A. 2A:162-17 — Consideration for pretrial release
- N.J.S.A. 2A:162-15 — Pretrial release: liberal construction
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.