Bail Procedures

Bail Reduction Attorneys in Morris County NJ

If an individual is arrested and charged with a criminal offense in New Jersey bail must be set. Under the current guidelines,  if a Defendant is charged with a criminal offense one of the following types of bail must be imposed: released on your own recognize; 10% bail; bondable bail and cash only bail. The underline charge will dictate what type of bail a Defendant receives. It is important to note here that irrespective of the crime, whether it be homicide, heroin distribution or simple assault the underline purpose of the bail imposed to simply reassure that the Defendant will show up court to answer the charges. With that being said, the Judge will look to whats known as the Johnson factors and the bail guidelines when trying to determine what an appropriate bail is. If bail is set and the bail amount is too much to post a Defendant may hire an attorney to file what is known as a Bail Reduction Motion. During that hearing an experienced Morris County criminal defense attorney will attempt to convince the Judge what an appropriate bail should be.

If you have been arrested and charged with a criminal offense like aggravated assault, sexual assault, eluding, possession of heroin with the intent to distribute or terroristic threats the bail imposed is too high, we can help. The Law Offices of Jonathan F. Marshall has been filing bail motions in Morris County for over a decade. It is much easier to fight your charges whatever they may be from home. To schedule a free consultation today, please contact our Morristown office at 973.309.7050. We are available 24/7 to help assist in any way possible. Now here is some important information with regards to the bail procedures in New Jersey.

Different Types of Bail in NJ

A Judge at the Morris County Superior Courthouse or  local municipal courts like Mount Olive, Dover, Roxbury, Parssippany or Madison may impose one of the following bails:

1. Released on your own Recognizance (ROR): This type of bail is exactly what it sounds like, the Defendant is released on their recognizance without posting any form of security like cash or a bond. This type of bail is typically set for charges like simple assault, shoplifting, possession of marijuana under 50 grams or harassment.
2. 10 % Option: With this type of bail a Defendant will be required to post 10% of whatever the bail amount that the Judges imposes. For example if the bail is $50,000 with a 10% option, the Defendant will be required to post $5,000 in order to be released. This amount may be posted by either the Defendant themselves or a bail bondsman. If the Defendant post the bail themselves directly with the Court the bail will be returned when the case is over. This type of bail is typically set for charges like aggravated assault, possession of cocaine, possession of heroin with the intent to distribute or stalking.
3. Bondable Bail: With this type of bail a Defendant will be able to either post the cash amount of the bail imposed or may seek to have bail bondsman post a bond. For example, if the Defendant uses a bail bondsman they typically take 10% of the bail as their fee and will use that towards posting the bond which will act as the security in this case. This type of bail is typically set for charges like sexual assault, endangering the welfare of a child, robbery, burglary or eluding.
4. Cash Bail: This type of bail is exactly what it sounds like, a Defendant is required to pay the full bail in cash. This is the most secure bail imposed and is typically left for charges like leader of a narcotics network, homicide, aggravated sexual assault and maintaining a drug manufacturing facility.

In addition to the bail, a Judge may require a Defendant to conform with certain other conditions, including but not limited too: no victim contact, surrendering passport, electronic monitoring or travel restrictions.

Bail Reduction Attorneys in Morristown NJ

The Law Offices of Jonathan F. Marshall fully understand that if you or a loved one has been arrested time is of the essences. Dealing with bail issues is usually going to be the first area of concern and can often be confusing. If you any questions please give our Morristown office a call at 973.309.7050. Our attorneys are available 24/7 to help assist in any way possible.

Here is some additional topic areas:

1. Bail Guidelines;
2. Bail Jumping;
3. Bail Modification Hearings;
4. Bail Factors.