Representing your best interests at NJ bail hearings
Helmer, Conley & Kasselman, P.A. has three lawyers that are Certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. Call us for our extraordinary level of experience and recognized legal focus.
The judge at a NJ state court bail hearing decides how a person is treated after being charged with a crime. Very serious charges, such as murder, usually result in the defendant remaining in jail until the trial. Generally, depending on the charges, a person can be released from jail:
- Without bail (on his or her own recognizance);
- On a property bail;
- On a 10% cash bond;
- By using a bail bondsman (bondable bail); or
- On a full cash bail only.
When setting bail, the judge takes into consideration:
- The nature of the crime;
- The defendant's prior record;
- If the defendant is a resident of NJ (Those living out-of-state could face higher bail amounts);
- If the defendant has family members who live in NJ; or
- If the defendant has missed court before on other charges.
Bail bonds for serious criminal charges
Serious crimes may result in high amounts of cash-only bail. This means that the person charged, or a loved one, must come up with the entire amount. Family members sometimes put up their homes or investments as collateral for a bail bond. The private person who pays bail gets it back at the end of the case, as long as the defendant shows up for court at the required times. Failure to appear on the scheduled court date results in the loss of the bail money. Family members who put up their homes or life savings as collateral for a bail bond can lose these assets.
The more popular alternative is to pay a bail bondsman a percentage (usually ten percent of the bail amount) to post the bail. The fee charged by a bail bondsman is non-refundable. It will not be returned - even for defendants who promptly show up at every court hearing. The bail bondsman works very hard to find no-show defendants because the bail bondsman loses the entire amount of the bail if the defendant does not appear in court.
Posting bail yourself for less serious crimes
Less serious crimes frequently result in a 10-percent bail ruling. This means the defendant is released when 10 percent of the bail amount is given to the court. This money is refunded at the end of the case if the defendant shows up for court at the required times. If the defendant fails to appear, a warrant for the defendant's arrest is issued by the judge, and the bail posted is forfeited. In fact, the person who signed the documents to post the bail is responsible for the other 90 percent of the bail amount.
The criminal defense attorneys at Helmer, Conley & Kasselman, P.A. regularly file motions for bail reductions. They do this throughout New Jersey for those charged with crimes who are in jail and unable to post bail. We have helped hundreds of individuals get their bail reduced so they can be released while their charges are pending.
Call us at 877-HELMER1 for an appointment. Initial consultations are free.