BAIL IN NEW JERSEY

Bail in New Jersey

 When you are arrested and charges are filed against you, in all but the least serious cases some amount of monetary bail will be assigned by a Judge.  The purpose of bail is to ensure the defendant returns to court.  If you cannot post bail, then often the defendant will be held in county jail until his or her case is resolved.  Courts have wide discretion to impose terms other than money before they will release a defendant on bail.  These include no contact orders, the surrendering of passports, or the wearing of an ankle bracelet or other electronic monitoring device.  While these other restrictions may be inconvenient, by far monetary bail is often the biggest obstacle for a defendant to overcome.

When determining how much bail to assign, the Court considers 8 factors along with certain guidelines created by the Administrative Office of the Courts. Courts will consider:

1.     The seriousness of the charges, the apparent likelihood of conviction, and the possible punishment if convicted.

2.     The defendant’s criminal record.

3.     The defendant’s reputation and mental condition.

4.     The length of defendant’s residence in the community.

5.     The defendant’s family ties and relationships.

6.     The defendant’s employment status, record of employment, and financial condition.

7.     The identity of responsible members of the community who would vouch for the defendant’s reliability.

8.     Any other factors indicating defendant’s mode of life, or ties to the community or bearing on the risk of failure to appear.

In practice, the Court’s main focus is on the first factor - the nature of the charges.  The Administrative Office of the Court created Bail Schedules for the most common crimes wherein they provide a range indicating how much money must be posted before the defendant can be released.

Very serious crimes like murder carry a bail range between $250,000 to $1,000,000. The bail for sexual assault is between $50,000 to $200,000.  Even some non-violent crimes like theft can require bail up to $75,000 depending upon the amount that was allegedly stolen.

When posting bail, certain charges carry additional restrictions.  The more serious crimes do not allow the defendant to post 10% with the court. Often defendants are unable to post the full amount of bail and seek the services of a bail bondsman who may be able to post a bond on behalf of the defendant.

How an Attorney Can Help

Attorneys experienced in bail matters can assist a defendant who is in jail in several ways.  Attorneys can file a motion requesting the judge reduce the bail or eliminate a bail restriction.  They can assist during a bail sufficiency hearing if the State questions the source of the funds that will be used to bail the defendant out. They can appeal a bail that is set illegally high or otherwise inappropriate.  Finally, attorneys specializing in criminal defense often have an ongoing working relationship with the bail bondsmen in the area.  They can direct clients or their families to a bail bondsman who is knowledgeable, experienced, and trustworthy.

In one recent case, we had a client accused of second degree aggravated sexual assault against a minor and second degree endangering the welfare of a minor.  The bail was initially set at $75,000 cash only.  The attorneys at Roberts & Teeter met the client in jail, learned about his criminal history, family ties, employment, and education.  We met with his family members and helped gather dozens of character letters on his behalf.  We filed a motion requesting the bail be reduced and argued the merits before a Superior Court criminal judge.  Ultimately the judge agreed, reduced the bail to $50,000, and made it bondable so the defendant’s bail could hire a bondsman, post bail, and get out of jail.

If you or a loved one is incarcerated and being held on bail that you cannot afford, contact the attorneys at Roberts & Teeter for a free consultation.  732-325-0814.

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