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Understanding Bail Restrictions in New Jersey

bail collateral

When a person is arrested in New Jersey, one of the first things they need to be concerned about is getting out of jail. It is up to the judge to decide what, if any, amount of bail will be set to secure the accused individual's release. If the judge decides to set bail with the requirement that it is 100% cash bond only, it will be difficult for the defendant to acquire that amount of money if it reaches $50,000, $75,000, $100,000 and possibly more than that. This is why it's important to find an attorney to file a bail reduction motion to reduce the amount of money it will take to get the accused out of jail.
A bail reduction motion must be filed quickly and there is the possibility that the amount can be reduced significantly or even eliminated. The same holds true for conditions of the bail or restrictions under which the individual will be granted bail.

New Jersey Bail Restrictions

If the defendant has been accused of a first or second degree criminal act in New Jersey, the judge might place a restriction on bail. This could be the entire amount in cash or it could be a commensurate interest in a property owned by the defendant that equals the amount of bail plus more. The purpose of this is to give the defendant reason to return to court on the date he or she is supposed to. While the presiding judge has a set of guidelines to follow, there is plenty of wiggle room to set bail for an amount at the judge's choosing with accompanying restrictions. The following crimes can lead the judge to place heavy restrictions on the conditions of bail:

  • Crimes that are gang related
  • Weapons crimes
  • Resisting arrest
  • Eluding an officer
  • Arson
  • Burglary
  • Robbery
  • Theft by extortion
  • Sexual assault
  • Possession or distribution of a controlled substance
  • Kidnapping
  • Murder
  • Manslaughter
  • Carjacking
  • Escape
  • Corrupting or influencing a jury
  • Possessing weapons for unlawful purposes

New Jersey Bail Conditions

When the judge allows the accused person to be released on bail, there may be additional conditions along with the payment to ensure they will return on the scheduled date. For example, a defendant might be ordered to surrender his or her passport prior to being released to prevent an attempt to leave the country. If the crime involves an individual victim, the defendant might be ordered to stay away from that person, his or her home, place of work and family. If the defendant owns weapons, they can be seized as part of the restrictions. This is especially true in cases involving domestic violence or a restraining order.
A judge has plenty of leeway when setting bail and, even if the crime is deemed to be relatively minor, the judge can still place these kinds of restrictions on the defendant as a condition for release on bail.

Hire an Experienced Attorney to Help with Bail Restrictions

If you or a loved one have been arrested and the judge set an amount for bail that you feel is too high or is too expensive for you to be able to pay, contact the experienced and professional attorneys at the Villani & DeLuca in Point Pleasant Beach, New Jersey. It can be an overwhelming, frightening and traumatic experience to be arrested and the situation only gets worse when the arrested person is unable to get out of jail because the bail conditions are so costly that you have no possible hope of meeting them.
It is important to contact an attorney who knows their way around a New Jersey courtroom and may be able to get the restrictions lessened or eliminated entirely to get the accused out of custody to prepare for the his or her case.
Villani & DeLuca can help you whether you're in Ocean County or Monmouth County, in towns such as Toms River, Brick, Neptune or West Long Branch. If you need help with bail restrictions, contact Villani & DeLuca to discuss your case today.

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Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.