• Family members of incarcerated individuals often contact me when they can’t make bail for their loved one being held in a county jail after being arrested in NJ.
  • Each of these individuals is eligible for a bail review by a superior court judge-we must prove that the circumstances have changed since bail was initially set.
  • Contacting an attorney, knowing the facts and circumstances of your loved one’s case as well as their history in that county may enable that attorney to go before a superior court judge to make an argument to have your loved one’s bail reduced.
  • Depending on the case there may be a source hearing requirement which is  a review of the documents of an individual who has decided to post the bail on behalf of a criminal defendant.
  • It could be a tax return, a pay stub, or any number of financial documents that are used to prove that the source of funds being used to bail out that criminal defendant come from a valid and legal source.
  • In any case, you should discuss the situation with an experienced New Jersey bail attorney.

Oftentimes I’m contacted by the family member of an individual who’s currently incarcerated in a county jail having just been arrested here in New Jersey. That person has had a bail set by a municipal or superior court judge that the family cannot make. Each of those individuals is eligible for a bail review by a superior court judge. The standard is that we must prove to that judge that there’s been a change in circumstances since the bail was initially set. A lot of times that change in circumstances could be a situation with the family or something related to the facts of the criminal defendant’s individual case. Certainly, in a lot of instances, there’s a waiting time that a person has sat under the same bail without a review by a superior court judge.

Contacting an attorney, knowing the facts and circumstances of your loved one’s case as well as their history in that county may enable that attorney to go before a superior court judge to make an argument to have your loved one’s bail reduced. Oftentimes, even if the bail is reduced, depending upon the cases – we’re commonly discussing drug cases – a criminal defendant’s bail has what’s called a source hearing requirement placed upon it by a judge. A source hearing is a review of the documents of an individual who has decided to post the bail on behalf of a criminal defendant. It could be a tax return, a pay stub, or any number of financial documents that are used to prove that the source of funds being used to bail out that criminal defendant come from a valid and legal source. In either event, it is of the utmost necessity that you discuss the situation with an experienced New Jersey bail attorney prior to going before a judge. You need to have your documents in order for a source hearing and you need to have a valid and coherent argument prepared to hope that your loved one’s bail is reduced to an amount that your family can make to return that person from the county jail.

Keith Hirschorn, P.C., is an experienced criminal defense attorney working throughout the state of New Jersey. If you have any questions regarding the merits, facts or circumstances of your case, call the law office, located in Hoboken, to set up a free initial consultation.