Why Am I Being Held On Bail in New Jersey?

The Ins and Outs of Getting Released on Bail  in New Jersey

When someone is arrested the Court will set bail to insure that they will return to court for all proceedings. Bail is not intended to punish nor is it to prevent further crimes. Bail can only be denied if there is a risk of flight by the defendant or the charge is a capital offense. NJ Constitution Article I, paragraph II. The NJ Constitution further provides in paragraph 12 that excessive bail shall not be required . . . The Supreme Court in State v. Johnson, 61 N.J. 351 (1972), directed that an evaluation to determine the appropriate amount of bail, should be conducted using the following factors: (1) the seriousness of the crime charged, the apparent likelihood of conviction, and the extent of the punishment prescribed; (2) the defendant’s criminal record and previous record on bail; (3) the defendant’s reputation and mental condition; (4) the defendant’s length of 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; and (8) any other factors indicating the defendant’s mode of life or ties to the community or bearing on the risk of failure to appear. See also R. 3:26-1 and R. 7:4-1. The Court has stressed that the constitutional right to bail must not be unduly burdened, i.e., that excessive bail should not be utilized as a means of confining the accused until trial. State v. Johnson, supra, 61 N.J. at, 364-365. Bail must be set within 12 hours of the arrest. If the defendant cannot afford the original bail her/his attorney may file a motion for bail reduction under R.3:26. Said motion must be heard within seven days of filing. R 3:26-2(d). A bail reduction motion may be filed shortly after the defendant has been in jail, and once every ten days if there is cause.  Judges generally will not reduce the bail unless the defendant has been held for a significant period time and there is no concern that the defendant might leave the area.  If you continuously file bale motions without something new to consider the court will not reduce the bail and become annoyed to the defendants detriment. Not to worry, there are several ways that bail can be satisfied. Full Cash