Bail Reductions

A person charged with a crime in New Jersey is entitled to be released on bail pending trial in most cases. Bail is security given for the release of a jailed person which guarantees his attendance at all required court appearances. Individuals charged with criminal offenses in New Jersey have the right to be released on bail except where the evidence of guilt is strong for a murder.  Rafael Gomez has a thorough understanding of New Jersey bail & bond reduction laws, and knows exactly what it will take to get your bail reduced.

Any person in New Jersey who is released on bail may be released on his or her own recognizance (R.O.R.), i.e., released without posting bail, at the discretion of the court. In setting bail, the following criteria will be considered by the judge:

  • Financial condition of the accused
  • Address of the accused
  • The employment history of the accused
  • Occupation
  • Name and address of employer
  • Family situation
  • Prior criminal record
  • Pertinent facts of the particular offense

In some cases the amount set by the court is excessive, considering the accused person's financial status, the nature of the alleged offense, and other facts. When this occurs, it is customary to file a Motion to Reduce Bail or a Motion to be released on his/her own recognizance.  The motion is an application to the court for an order reducing the bail, stating the grounds upon which it is made.  If you are involved this type of situation, and know you need your bond reduced, call New Jersey criminal defense lawyer Rafael Gomez at (201) 646-9799.

N.J.S. 2C:29-7. Bail jumping; default in required appearance

A person set at liberty by court order, with or without bail, or who has been issued a summons, upon condition that he will subsequently appear at a specified time and place in connection with any offense or any violation of law punishable by a period of incarceration, commits an offense if, without lawful excuse, he fails to appear at that time and place. It is an affirmative defense for the defendant to prove, by a preponderance of evidence, that he did not knowingly fail to appear. The offense constitutes a crime of the third degree where the required appearance was to answer to a charge of a crime of the third degree or greater, or for disposition of any such charge and the actor took flight or went into hiding to avoid apprehension, trial or punishment. The offense constitutes a crime of the fourth degree where the required appearance was otherwise to answer to a charge of crime or for disposition of such charge. The offense constitutes a disorderly persons offense or a petty disorderly persons offense, respectively, when the required appearance was to answer a charge of such an offense or for disposition of any such charge. Where the bail imposed or summons issued is in connection with any other violation of law, the failure to appear shall be a disorderly persons offense.

This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole. Nothing herein shall interfere with or prevent the exercise by any court of this State of its power to punish for contempt.

 

259 Union Street Hackensack, New Jersey 07601
Phone: (201) 646-9799 | Fax: (201) 646-9476 | Email: gomez@gomezlegal.com