Jersey City and Hoboken Bail Hearing Lawyer
What do I Need to Know about Bail?
Bail is an important factor in any criminal case because it prevents or allows a criminal defendant to make their way out of jail before a trial. By law, everyone is entitled to have a bail barring those who face the death penalty. Bail is not a fee or a fine. It ensures that a defendant will attend all court dates. Once the court dates are completed, the money is returned to the one who paid it. If bail is not posted, the defendant will stay in jail until the issue is resolved.
What Happens at a Bail Hearing?
A Judge has the discretion to set whatever bail they deem fit. The judge will examine many factors that will help assign a suitable bail. He or she will consider factors that include and are not limited to:
- The criminal charge
- The strength of the prosecutors case
- The severity of the sentence, if convicted
- The criminal history of the defendant
- Any danger the defendant poses on society
When the judge sets bail, the court will identify to type of bail expected. These include:
- Cash- The bail must be paid in cash only.
- Cash with 10% option- 10% must be posted in cash. If the defendant fails to appear for court dates, the other 90% of bail must be paid.
- Property bond- In lieu of money, a property lien is placed. If the defendant fails to show for a court date, the lien will be paid from the equity.
- Bail Bond- A licensed bail bondsman posts the defendants bail and is held responsible to ensure they attend court dates.
- Release on Own Recognizance- The defendant signs a written promise to attend all required court dates so no money is posted.
Who Can Post Bail?
Bail can be posted by the defendant or any adult. Once they post the bail, they are ensuring that the defendant will attend the court dates. Once bail is set in a case, it is always subject to review by a superior court judge in the county that the offense took place. If a family cannot pay the required bond, a New Jersey bail attorney may be able to present an argument demonstrating why the bail should be reduced or the client should be released on their own recognizance. Changing circumstances with the family or a new factor in the case itself may sway a judge to change the terms of the release in favor of the defendant.
What Happens to the Bail if the Defendant Doesn’t Go to Court?
In the case that they don’t show, the one who posted bail forfeits the money of the bail. The court will issue a warrant for the defendant’s arrest. Once the defendant appears in front of the judge again, the court will chose to reinstate the bail or set a new one. If you have a criminal case that involves a bail hearing, contact Keith Hirschorn P.C. to speak to an experienced New Jersey attorney with the diligence needed to find the best possible outcome for your legal matter.