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Pre-Trial Detention and Speedy Trial Law

If a judge has decided to hold a person in Pre-Trial Detention pending trial, there are two important dates that follow:

1. 90 days from arrest - the Prosecutor's Office must return an indictment within 90 days of arrest.  If not, then the law states that they must be released (but the case is not dismissed).

2. 180 days from Indictment - the Prosecutor's Office must bring a defendant to trial within 180 days of Indictment.  If not, the law states that they may be released from jail (but the case is not dismissed).

However, there are times when days spent in jail do not count toward those 90/180 days.  If any of the following things are going on, the clock stops, and a defendant gets no closer to 90/180 days:

Additional time granted by the judge (no more than 45 day)

Order for competency review/incompetent/incapacitated

PTI/Drug Court App

Motion filed by the Defense

Continuance/Adjournment

Detention in another jurisdiction (outside of NJ or Federal custody)

Exceptional circumstances, like a natural disaster or the unavoidable unavailability of defendant, material witness or other evidence

Complexity of the case

Severance of co-defendants

Disqualification or recusal of judge (no more than 3o days)

Defense not providing discovery to Prosecutor

Defendant refused transport from jail