Hackensack NJ Bail Procedure Attorneys

The Law Offices of Jonathan F. Marshall fully understand how stressful you are when they get that phone call from a loved one saying they are in the Bergen County jail and need you to bail them out. It is important for you to fully understand the purposes behind setting a bail and what your options are once the bail is set. There are strict procedures that need to be followed, please see below for more information. The more serious the offense is, like robbery, marijuana distribution, cocaine possession, aggravated assault, burglary, assault by auto the higher the bail is going to be. The Law Offices of Jonathan F. Marshall has been helping individuals reduce their loved ones bails in Bergen County for over fifteen years. If your loved one is stuck in the Bergen County Jail with what you feel is an extremely high bail please contact any one of our Bergen County Offices and speak to one of our eight experienced criminal defense attorneys. Here is some important information with regards to the initial bail procedures in New Jersey.

Initial Bail Procedures in New Jersey:

      • A Defendant must have their bail set within twelve (12) hours of being arrested.

          • Rule 3:4.1(a)(2): Issuance of Process. If a Complaint-Summons (CDR1) has been prepared, the law enforcement officer may serve the summons and release the defendant. If a Complaint-Warrant (CDR2) has been prepared, without unnecessary delay, and no later than 12 hours after arrest, the matter shall be presented to a judge, or, in the absence of a judge, to a judicial officer who has the authority to set bail for the offense charged. The judicial officer shall determine whether to issue a warrant or summons as provided in Rule 3:3-1, and if a warrant is issued, shall set bail immediately.

          • Rule 3:26-2(a): Authority to Set Initial Bail. A Superior Court judge may set bail for a person charged with any offense. Bail for any offense except murder, kidnapping, manslaughter, aggravated manslaughter, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, a person arrested in any extradition proceeding or a person arrested under N.J.S.A. 2C:29-9b for violating a restraining order may be set by any other judge, or in the absence of a judge, by a municipal court administrator or deputy court administrator.

      • If the Defendant is unable to post bail they must have their bail reviewed by a Superior Court Judge within one day provided that the next day is not a Saturday, Sunday or legal holiday.

          • Rule 3:26-2(c): Review of Initial Set.  Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge no later than the next day which is neither a Saturday, Sunday nor a legal holiday.

      • Defense Counsel’s first bail reduction motion shall be held by the Court no later than 7 days after it is filed.

          • Rule 3:26-2(d): Bail Reductions: A first motion for bail reduction shall be heard by the court no later than seven days after it is filed.

It should be noted here that except when a Superior Court Judge sets bail on any indictable case, a Municipal Court Judge has the authority to make bail revisions up to and including the defendant’s first appearance before their court. However, a Municipal Court Judge will always have the authority to make bail revisions on any non-indictable offense (disorderly persons offense) at any time during the course of the proceedings. This is because a Municipal Court Judge has jurisdiction over all disorderly persons offenses (misdemeanor) where a Superior Court Judge has jurisdiction over all indictable matters (felony).

Experienced Bergen County Bail Reduction Firm

The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff. If a loved one has been arrested in towns like Lodi, Fort Lee, Elmwood Park, Englewood, Fair Lawn, Teaneck, Paramus, East Rutherford or elsewhere in Bergen County and bail has been set, we can help to try and reduce it. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation.