Depending on the type of crimes you are being charged with, the State can seek to have a bail set to ensure that you are available to come to court when your case is being heard. Several statutes and court rules control when and how bail is set by the court. Among several things, these statutes and rules determine whether the charges are to be filed on a summons (no bail required), or on a warrant (bail required); provide the court with a framework of bail ranges for a particular type of crime; and, whether a ten-percent alternative can be set by the court.

When you are charged with a crime that is being filed on a warrant, you need the representation of an experienced criminal defense lawyer like Howard W. Bailey to determine whether, when and how to seek a reduction of the bail the State is requesting. Mr. Bailey and the other lawyers at Bailey & Orozco have defended numerous clients who were charged with the crimes ranging from simple assault to homicide, in Newark, Elizabeth, Hackensack, Jersey City, Paterson, Morristown and most other County Superior Courts in New Jersey.

When you are selecting a criminal defense lawyer, ask the lawyer how much experience they have with the type of crimes you are charged with? How much of their practice involves the defense of clients charged with violations of the criminal law? What is the lawyer’s experience with the type of investigation the police used in your case? What are the typical legal issues that can affect your ability to hear the words, “Not Guilty” at the end of the case? What is the typical bail ranges for the type of crimes you are charged with?

Factors that affect the setting of bail

Certain types of crimes have restrictions on the setting of bail. For example, as a general rule, a court may set a bail permitting the deposit of ‘ten percent’ of the bail and a signed recognizance for the remainder, unless the crimes are charged as either a first or second degree crime.

When the crimes being charged are murder, manslaughter, kidnapping, sexual assault, robbery, carjacking, arson, and certain other types of offenses, there is a presumption that the bail may only be posted by paying the full cash amount, the posting of a surety bond or a bail bond secured by real property situated in New Jersey with an unencumbered equity equal to the amount of bail plus $20,000.00.

When these types of offenses are charged, and you have two other indictable offenses pending; have two prior 1^st or 2^nd degree convictions; or, were on parole at the time of the arrest, the court can require that the full amount of the bail be posted in United States currency, to the exclusion of other forms of bail payment.

When a court is considering the amount or type of bail to be set, in addition to the type of crime with which you are now charged, the court also considers the following factors.

• The location of your residence in relation to the court
• How long you have lived at that residence
• The existence of a prior criminal record
• Whether you are presently on bail for another charge
• Whether you are presently on probation or parole
• Whether you live with other family members
• Whether you have family living in that jurisdiction
• Whether you have a job
• How long you have held that job
• How long you have lived or worked in New Jersey

Consultation with an Attorney

Once a person has been charged with a crime on a warrant, the Court will set a bail. After the bail has been set, the bail can be reduced by filing a bail motion. Frequently, this can result in a reduction in the amount of bail, or the conditions of bail. Generally, a formal bail motion can only be brought every thirty days, and it is important to be able to provide as much information to support the bail application as possible.

If you have been charged with a crime, whether a bail has been set or not, retain an experienced criminal defense lawyer like those at Bailey & Orozco as soon as possible, to protect your rights.