A key component of the American criminal justice system is bail. Defendants may not be detained on pending criminal charges unless they are afforded a bail hearing. While all defendants have a right to a bail hearing, pretrial release is not guaranteed. Your attorney can help you secure your release, allowing you to return home to your family while awaiting trial.
Generally, a defendant must have a bail hearing within 48 hours of their arrest. In the past, cash bail was common, and defendants had to pay money to secure their release. Today, non-monetary bail conditions are favored, and cash bail is imposed only under limited circumstances. Even so, bail is not guaranteed, and defendants may be denied based on their charges or certain conditions surrounding the case. After you are released on bail, our legal team can begin working on effective defense strategies.
Get a free, confidential case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our NJ criminal defense lawyers.
When Bail Hearings Occur
A bail hearing is one of the first hearings a criminal defendant will go through. While you might be overwhelmed by the prospect of criminal charges at this point, it is important to get a lawyer to help you through this hearing and secure your pretrial release.
Bail Hearings After Arrest
According to N.J.S.A. § 2A:162-17, a bail hearing must be conducted without unnecessary delay and no later than 48 hours after the defendant is arrested and committed to jail. It may be possible to wait longer, but the authorities must have a good reason for the delay. If you wait longer than 2 days for a bail hearing, ask our Atlantic City, NJ criminal defense lawyers for help immediately.
How Fast is a Bail Hearing?
The bail hearing itself is a relatively quick procedure. The judge will consider the facts of the case and hear from both sides to determine whether to grant pretrial release. A decision is usually rendered by the end of the hearing, and you will know whether you are going home or if you will be detained.
Options for Bail in NJ
Bail may include a broad range of requirements and restrictions. While some face heavy restrictions on their freedom, others may leave their bail hearing largely unrestricted.
Cash Bail
Cash bail refers to the requirement that defendants pay a certain sum of money to be released. This is less common now, although it may still be imposed. The judge determines the amount a defendant must pay based on the nature of the offense, as well as whether the defendant is a flight risk or poses a danger to the community, among other factors.
Non-Monetary Bail
Today, non-monetary bail restrictions are more popular, and defendants often do not have to pay any money toward their bail. Instead, they may be released under restrictions imposed by the court. This can include adhering to curfews, avoiding individuals associated with the case, refraining from possessing firearms or other dangerous weapons, and other restrictions.
Released on Your Own Recognizance
Some defendants are released on bail with minimal restrictions. You may be released on your own recognizance (ROR) if the judge believes you are not a threat to the community and pose no flight risk. This kind of bail is more common in cases involving first-time offenders with less serious charges.
Can You Be Denied Bail?
You have the right to a bail hearing, but this does not guarantee your release on bail. While arguably most defendants are granted bail under various conditions and terms, others may be detained and denied bail.
No Bail Conditions Are Sufficient
It is possible for the court to deny a defendant bail, but only under certain circumstances. Under N.J.S.A. § 2A:162-18(a)(1), if a prosecutor requests that a defendant be detained, there must be a hearing. At the hearing, the judge can deny bail and detain the defendant if they determine that no conditions of bail are sufficient to ensure the defendant’s appearance in court or protect the community.
Flight Risks
A common reason why judges deny bail is that they believe the defendant is a serious flight risk. If the defendant has a history of skipping bail or has made statements indicating that they will not appear in court, the judge may order them detained to ensure their presence at the trial.
What Factors Will a Judge Consider in a NJ Bail Hearing?
A judge may consider various factors surrounding your case during your bail hearing. While almost anything related to the case could arise, certain factors tend to receive more attention than others.
Severity of the Crime
First, the judge will very likely consider the overall nature of the offense. Was it a violent offense, and if so, how bad was it? Was the victim badly hurt? Was a weapon allegedly used? The more severe the charges, the more restrictive your bail conditions could be.
Likelihood of the Defendant Fleeing
Next, the judge may consider whether the defendant is a flight risk, meaning they are likely to fail to appear for future court appearances if released. Judges are much more likely to deny bail or impose more restrictive conditions if a defendant has a history of skipping bail or has otherwise indicated they will not attend their next hearing.
Reoffending or Safety Risks
The judge will also think about whether a defendant is likely to reoffend if released. This is particularly important in cases where the defendant is charged with a violent crime.
What Happens After Being Released on Bail?
After you are granted release, it is crucial that you talk to your lawyer about the net steps in your case and how to avoid violating the terms of your release.
Understand Your Bail Restrictions
Once you are released on bail, you may be allowed to return home to your family. However, you must go over the terms of your bail with your attorney, so you know what restrictions to abide by. If you violate the terms of your bail, by accident or not, you may face serious legal repercussions.
Bail Violations
If you violate bail, you may be brought before the judge again. In some cases, defendants are reprimanded and reminded of their bail restrictions. If the violation is more serious, or if this is a repeat violation, the judge may revoke bail and send you back to jail to await your trial.
Contact Our NJ Criminal Defense Lawyers for Help
Get a free, confidential case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our Wildwood, NJ criminal defense lawyers.
