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New Law Would Make It Harder for Domestic Violence Offenders to Post Bail

December 19, 2011 | Posted In Resources - Criminal Law

Governor Chris Christie has signed a bill that makes it more difficult for people who have violated restraining orders related to domestic violence to post bail.

The existing law permitted people accused of violating a restraining order related to domestic violence to post just 10 percent of their bail in order to be released.  Under the new legislation, these individuals will have to post the full bail amount in order to be released.  They can also post a surety bond or a bail bond secured by real property if the bond is equivalent to the bail amount plus an additional $20,000.

Under the new law, there is also a presumption that a defendant must pay full bail if he/she injures a victim while violating a restraining order; if he/she has previously violated a restraining order; or if he/she has recently been convicted on domestic violence charges. In such cases, the defendant will not be eligible for a bond of any kind.

The New Jersey Assembly approved bill A-1491 in October 2010 and, six weeks ago, the Senate approved the bill 38-0.  The bill was sponsored by Democrats Celeste D. Riley of Cumberland, Cleopatra G. Tucker of Essex County, Joan M. Voss of Bergen, Ralph Caputo of Essex and Gordon M. Johnson of Bergen.

The New Jersey criminal defense lawyers at Helmer Paul Conley and Kasselman represent persons who have been charged with DUI, domestic violence, sex crimes, drug crimes, fraud, assault, murder and other crimes across New Jersey. 


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