Arrested on a Gun Charge in South Jersey? How Long Can You Be Held Before a Release Decision?

You or your family member was arrested on a gun charge in South Jersey. You expected to hear within a day or two whether the person arrested would be released. Instead, you are being told that the court may need more time before making that decision.

That can be confusing, especially if you have heard that New Jersey generally requires a pretrial release decision within 48 hours after someone is committed to jail.

As of 2026, certain firearm cases can take longer than the ordinary 48-hour period before a release decision is made. A prosecutor can ask the court for additional time when a firearms ballistic analysis is reasonably necessary before the release decision is made. The additional period can extend beyond the ordinary 48-hour deadline, but it cannot exceed seven days. A separate request for pretrial detention can also affect how long someone remains in custody.

That does not mean everyone arrested on a gun charge will automatically remain in jail for an additional seven days. It also does not mean that being held longer is a finding of guilt.

What happens next depends on the circumstances of the arrest, whether the prosecutor requests additional time for ballistic testing, how much additional time the court determines is reasonably necessary, and whether the State separately seeks pretrial detention. 

How Quickly Does New Jersey Normally Make a Pretrial Release Decision?

New Jersey generally uses a risk-based pretrial system rather than relying primarily on traditional cash bail.

When a person is detained after a complaint-warrant is issued, Pretrial Services prepares a risk assessment and makes recommendations to the court. The judge considers that information along with information presented by the prosecutor and defense.

Under New Jersey’s pretrial release law, the court generally must make a release decision without unnecessary delay and within 48 hours of the person being committed to jail, subject to the separate rules governing pretrial detention hearings.

The court can release someone on their own recognizance, impose non-monetary conditions, or use other release conditions permitted by New Jersey law. A prosecutor can also seek pretrial detention in qualifying circumstances.

New Jersey’s system is not based primarily on whether someone can afford to post bail. Instead, the court considers whether release and appropriate conditions can reasonably address concerns such as whether the person will return to court, whether release would create a safety concern, and whether the person could obstruct the criminal justice process.

Can a Gun Charge Delay the 48-Hour Release Decision in New Jersey?

A change to New Jersey’s Criminal Justice Reform Act took effect on January 12, 2026.

If a person facing a qualifying firearm charge is being held before a release decision, the prosecutor may ask the court for more time beyond the usual 48-hour period when additional time is needed to complete ballistic testing and submit the results for the court’s consideration.

The New Jersey Judiciary issued an order implementing the change in January 2026.

The law places important limits on that extension. Any additional time granted for the firearms ballistic analysis must be reasonably necessary for that purpose, and the additional period itself cannot exceed seven days.

In other words, the statute permits up to seven additional days beyond the ordinary 48-hour deadline when the requirements for the extension are satisfied. That is a maximum, not an automatic waiting period for every person accused of a gun offense. The additional time must be limited to what is reasonably necessary for the analysis, and separate timing rules apply if the prosecutor seeks pretrial detention.

Why Can Ballistic Testing Delay a Release Decision?

Under the 2026 change, prosecutors can ask for additional time so a firearms ballistic analysis can be conducted and provided to the court before the release decision is made.

Whether additional time is granted, and how much time is reasonably necessary, depends on the circumstances.

The fact that a ballistic analysis is requested does not establish that the firearm belonged to the person charged, that possession was unlawful, or that the firearm was connected to another offense.

Those questions are separate from the reason additional time may be requested. The circumstances surrounding the arrest, search, and alleged possession can still become important as the underlying criminal case moves forward.

Does a Longer Wait Mean the Court Will Order Pretrial Detention?

No.

An extension for ballistics testing and a decision to detain someone before trial are not the same thing.

The additional time gives the court an opportunity to receive the requested ballistic analysis before making the applicable release decision. It does not automatically determine what that decision will be.

A prosecutor can separately seek pretrial detention when permitted under New Jersey law. If a detention motion is filed, the defendant can remain in custody while the court considers that request. The timing of the detention hearing depends on when the motion is filed and whether either side requests and receives a continuance permitted by law.

At the hearing, the judge considers whether release conditions can reasonably address concerns about the person’s return to court, the safety of other people and the community, and interference with the criminal justice process.

What Details Can Matter After a South Jersey Gun Arrest?

The release timeline is only one part of a gun case. How police came into contact with the person arrested and how they found the firearm can matter to the underlying charge.

For example, was the firearm found during a traffic stop? Was it inside a vehicle, a bag, a home, or on the person who was arrested? Were other people able to access the place where the police found it? Did officers have a warrant, or were they relying on an exception that permitted a warrantless search?

What was said before and after the arrest, and what evidence the State says connects the firearm to the person charged, can also become important.

These questions do not all address the same issue. Some concern whether the search was lawful. Others concern alleged possession or other issues in the underlying criminal case.

The fact that police recovered a firearm does not, by itself, answer each of those questions.

What Should You Do While Waiting for a Release Decision?

The period immediately after an arrest can create pressure to start explaining what happened.

You may want to tell the police who owned the gun, why it was there, where you were going, or why you believed you were allowed to possess or transport it. But statements made during those early hours can become part of the criminal case.

If you are accused of a firearm offense, be cautious about discussing the facts with friends or posting about the arrest online. Do not delete potentially relevant messages, documents, photographs, or other information simply because you are worried about how they could be interpreted.

If you have records relating to the firearm, its acquisition or transportation, or the circumstances leading to the arrest, preserve them for your lawyer to review. Which records matter will depend on the allegations and the facts of the case.

When Nancianne Aydelotte, Esq. reviews a firearm case at Aydelotte Law, LLC, she can evaluate the immediate release issue while also examining the arrest, the search, the statements that were made, and the evidence supporting the charge.

Facing a Gun Charge in South Jersey? Aydelotte Law Can Help You Understand What Comes Next

A release decision is only one stage of a criminal case. After the immediate custody issue is addressed, questions about the arrest, the search, alleged possession of the firearm, and the evidence supporting the charge can remain important.

At Aydelotte Law, LLC, we represent people facing criminal charges in Camden County and throughout South and Central Jersey. We can review how the arrest occurred, how the firearm was discovered, what charges were filed, the status of the pretrial proceedings, and what evidence the State is relying on.

An arrest is not a determination of guilt, and it does not establish what the State can ultimately prove.

If you or a family member has been arrested on a firearm charge in South Jersey, contact Aydelotte Law, LLC to discuss the circumstances and understand the next steps.

Disclaimer: Results may vary depending on your particular facts and legal circumstances. The articles on this blog are for informational 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.