Hackensack NJ Bail Factors Lawyers
The New Jersey Court Rules have set out certain factors that the Judge has to consider when setting bail for a defendant who has been charged with a criminal offense in New Jersey. The bail factors listed below are not exclusive and neither factor carries more weight then another. If a loved one has been charged with a serious offense like stalking, cocaine distribution, death by auto, theft of moveable property, aggravated assault, carjacking, prescription drugs, aggravated assault and burglary you can expect the bail to be higher then say a simple assault, possession of marijuana under 50 grams, shoplifting, disorderly conduct or trespassing charge. If someone is being held in the Bergen County Jail on what you feel is an unusually high bail you need to speak to an experienced Bergen County bail reduction lawyer immediately. The Law Offices of Jonathan F. Marshall has eight criminal defense attorneys on staff including four former prosecutors. We have the experience and skill set necessary to help return your loved one too you. If you have any questions with regards to a bail reduction motion or the factors that are taken into consideration when reducing one’s bail please call any one of our Bergen County Offices and speak to one of our eight criminal defense trial attorneys on staff.
Factors to be Considered When Setting Bail: Rule 3:26-1(a)
Rule 3:26-1(a)Persons Entitled; Standards for Fixing
All persons, except those charged with crimes punishable by death when the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed, shall be bailable before conviction on such terms as, in the judgment of the court, will ensure their presence in court when required.
The factors a Judge must considered when setting bail for a Defendant:
(1) Seriousness of the alleged crime the defendant is charged with, apparent likelihood of conviction, and the seriousness of applicable penalties if convicted;
(2) Defendant’s prior criminal record & previous history when on bail, if they exist,;
(3) Defendant’s reputation, and mental condition;
(4) How long the defendant has lived in the community;
(5) Strength of defendants family ties and relationships;
(6) Defendants current employment status & financial condition, and record of previous employment;
(7) Responsible members of the community who are willing to vouch for defendant’s reliability;
(8) The catchall factor: Any other factors indicating defendant’s mode of life, or ties to the community or bearing on the risk of failure to appear, and, particularly, the general policy against unnecessary sureties and detention.
After balancing the factors, the Judge may in his discretion order the defendant be released on his own recognizance, this is often referred to as ROR. With that being said, the Judge in his discretion may impose any terms or conditions appropriate to the defendant’s release, including any conditions that they feel are necessary to protect the community as a whole. For more information with regards to posting the bail and what the appropriate bail amount is depending on the charges alleged, please see our bail schedule p.
Experienced Bergen County Bail Reduction Firm
The Law Offices of Jonathan F. Marshall is a well established criminal defense firm. We have over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If a loved one is in the Bergen County Jail because they are unable to afford bail please contact any one of our Bergen County Offices for a free initial consultation with one of our eight criminal defense attorneys on staff about your options.