Setting Bail In New Jersey
New Jersey Setting Bail Attorney
When a person is arrested for a criminal offense in New Jersey, a judge will usually be notified, and will set an amount for bail. The amount of money posted for bail provides security ensuring that if the defendant is released from jail, he will appear before the court when required to do so. When the defendant cannot post bail, a hearing will take place over the week following arrest in which the amount set for bail is reviewed.
My name is Anthony N. Palumbo, a former county and municipal court prosecutor and longtime criminal defense lawyer in Union County. I am an experienced criminal attorney that can expedite your bail process and get you before a Union County judge quickly for a bail review hearing. I have over 35 years of experience helping clients by ensuring that their bail is fair and affordable.
If you have been arrested or charged in New Jersey and are facing bail, I can answer your questions and provide a more detailed explanation on how bail is set in New Jersey and which factors will be determinative in your case. After we discuss your case I can defend you at your bail hearing or depending on the circumstances of the charge raise a motion to reduce bail or bring proceedings to lift a bail restriction. Contact me for a free consultation at 908-643-6801 without obligation. You may call anytime, day or night, and have your consultation by phone or in person at your convenience.
What Judges Consider When Setting Bail
When determining bail, a judge must seek guidance in the New Jersey Bail Schedule, a bail guideline set forth by the state, and must also consider any suggested or mandatory bail restrictions or conditions. However, even though a judge is required to consult these guidelines, he is not required to follow them. Under New Jersey law, judges have very broad authority in determining a defendant’s bail. In addition to the guidelines, a judge will usually consider the following factors in setting the amount:
- Seriousness of the crime
- Seriousness of the punishment if convicted
- Likelihood of conviction
- Criminal record and whether previous bail was sufficient to demand appearance
- Reputation and mental condition of defendant
- Defendant’s family and relationships in the area
- How long the defendant has lived in the community
- Whether defendant is employed and has a good record of employment
- Financial ability (i.e. does defendant have enough money to flee the country)
- Reliability of those who support the defendant’s release on bail
- Any factors that reflect it is not necessary to hold the defendant in custody until trial
First, Second And Third Degree Charges
Judges have a lot of power in determining the amount of bail. While the state of New Jersey sets forth certain guidelines and certain bail restrictions and/or conditions that must be considered, nothing is written in stone, and after considering the guidelines, judges may choose to discard them. A judge can put aside the sum recommended by the guidelines and release the defendant without requiring him to post any bail, or a judge can deny bail and hold the defendant even though the guidelines suggest only a minimum sum that probably could have been posted.
Thus, it is important to have an attorney who is familiar with the local judges and their expectations in certain situations so that the attorney will be able to present the defendant in the most effective possible light. I have been working in the local area for over thirty-five years, and I am familiar with what types of behavior each judge considers when making a decision to set bail.
Maximum Amount in 4th Degree And Disorderly Persons Charges
In New Jersey, when a person is charged with a fourth degree crime, a disorderly persons offense, or a petty disorderly persons offense bail cannot be set for more than $2500, unless the defendant is:
- A grave threat to the physicality of others
- A serious threat to the destruction of evidence; or
- A serious threat for some other reason, indicating that bail must be set at a high amount in order to ensure the defendant will appear before court.
Why a NJ Bail Attorney?
An attorney can make a huge impact on the amount you’re required to post for bail. As a former county and municipal prosecutor, and a current public defender in addition to my private practice, I am extremely familiar with the judges in the local area, and their expectations with respect to the types of behavior required for pre-trial release. I have been before local judges thousands of times and I know what each judge looks for in setting bail in different charges, and I will make sure that you are represented in the best possible light to ensure a practical and modest bail. I have been obtaining successful bail results for my clients for over 35 years, I can do the same for you.
Contact me today for a free consultation at 908-643-6801 .
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