NJ Bail Factors

Morristown bail reduction attorneys assisting clients in Newark, Paterson, Elizabeth and throughout Northern NJ

Morristown Bail Reduction Attorneys

Factors To Consider When Setting Bail

The purpose of bail is to ensure the accused appears to face the charges against them.  When setting bail, a judge is to require only the amount necessary to secure such appearance.

Judges must consider the New Jersey Bail Schedule, although they are not constrained to follow the guidelines.  Judges in New Jersey are vested with substantial discretion in setting bail.  It is possible for a Judge to release a defendant without bail, deny bail completely or set bail anywhere in between.

State v. Johnson

In addition to the guidelines, Judges will consider the following factors as set forth by the Court in State v. Johnson, 61 N.J. 351 (1972):

  • The seriousness of the crime, the likelihood of conviction, the extent of punishment prescribed for the crime;
  • The defendant’s criminal record and prior history of bail jumping;
  • The defendant’s reputation and mental condition;
  • The length of time defendant has resided in the community;
  • The defendant’s family ties and relationships;
  • The defendant’s employment history;
  • The defendant’s financial condition;
  • Whether any responsible members of the community are willing to vouch for the defendant’s reliability;
  • Any other factors showing the defendant’s lifestyle, community ties or otherwise weighing on the defendant’s likelihood of appearing and the general policy against unnecessary sureties and detention.

First and Second Degree Crimes Under the NJ Bail Schedule

In the event of murder, robbery, evading or resisting arrest or sexual assault, Judges may require an all cash bail which will drastically limit the ability of some defendants to secure their freedom pre-trial.

Bail Is Limited in 4th Degree and Disorderly Persons Matters

Bail in petty disorderly, disorderly persons offenses and 4th degree crimes is typically limited to a maximum of $2,500.  Often, Judges will release a defendant on their own recognizance (ROR) in such matters.  Bail for such crimes may exceed $2500 if the defendant is a threat to themselves or others, is likely to destroy evidence or is unlikely to appear without a higher bail.

Restraining orders preventing contact with the victim and surrender of one’s passport may also be imposed by Judges in certain more serious matters.

Lowering Bail throughout Northern NJ

At The Darling Law Firm, we will file the appropriate motions and make sure you are represented in the best possible light so that the Judge feels confident in setting bail at an amount you can afford.  We will provide answers to the many questions defendant’s and their families have when someone is incarcerated and facing bail.  In order to serve clients throughout Northern New Jersey we have offices in Morris County and Bergen County, New Jersey.  We serve clients in Morris, Sussex, Warren,  Bergen, Passaic Union, Hudson and Essex Counties.  The Darling Law Firm is your bail reduction law firm.

For immediate help in understanding and reducing bail, call 973-584-6200 now or click here to e-mail us.  You can reach our office 24 hours a day and we will go to the police station or court immediately for you.

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