New Jersey Bail
The purpose of New Jersey Bail is to reasonably assure the appearance of the defendant as required.
We represent clients in need of New Jersey Bail under N.J.S.A. 2C:6-1 in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
If a person is charged with a crime of the fourth degree, a disorderly persons offense or a petty disorderly persons offense, the person should not be required to deposit bail in an amount exceeding $2,500.00.
A higher bail may be required if the court finds that the person presents a serious threat to the physical safety of potential evidence or persons involved in circumstances surrounding the alleged offense or if the court finds that bail in that amount will not reasonably assure the appearance of the defendant as required.
Good cause must be shown for this higher bail and court must place on the record its reasons for imposing bail in an amount exceeding $2,500.00.
For all other offenses courts are constitutionally required to set pretrial bail regardless of the nature of the offense.
In imposing bail the court is attempting to fix such terms as will insure the defendant's presence in court when required.
Factors to be considered on a bail application are as follows:
Seriousness of the crime;
apparent likelihood of conviction;
extent of punishment;
criminal record, if any;
previous record on bail, if any;
defendant's reputation and mental condition;
the length of defendant's residence in the community;
defendant's family ties and relationships;
defendant's employment status, record of employment and financial condition;
the identity of responsible members of the community who would vouch for defendant's reliability;
and any other factors indicating defendant's mode of life or ties to the community or bearing on the risk of failure to appear and the general policy against unnecessary detention.
In its discretion the court may order the release of a person on that person's own recognizance.
The court may also impose conditions to release including condition that may be necessary to protect persons in the community.
What is the range of bail bond?
Depending on the severity of the crime bail may be imposed from $250.00 to $50,000.00 or more but unless otherwise directed by the Judge 10% shall apply which means if bail is set at $2500, then actual bail is $250 in cash.
Is everyone entitled to New Jersey bail?
No. 1st degree offenders may be denied bail.
Did You Know
Bail must be set by no later than within 12 hours of the arrest.
A bail bond may be secured through a bails bondsman who typically charge 10% fee above the bail amount.
Bail is returned to the individual who paid it once there is a disposition in the case.
Often times the individual who paid the bond is not the defendant so the bond will not be returned to the defendant unless a notarized letter from the individual who posted the bond is produced.
If you have any questions for a NJ criminal defense lawyer about posting New Jersey bail, please do not hesitate to contact us.