If you get accused of committing a serious crime in New Jersey, you generally have two options. You can sit in jail until your court date arrives or you can make bail. How much you’ll have to pay to get out of jail can vary for all sorts of reasons, and you may be forced to pay the whole amount or allowed to pay just a portion. It can all seem a bit confusing, but a New Jersey sex crimes attorney from our firm can give you more information.
Who Sets Bail?
The judge will set bail based on state guidelines and their own view of your criminal activities. Someone who seems like they will be a risk to the public will have a higher amount set than someone who doesn’t seem all that dangerous. Some common considerations that go into the judge’s calculations can include:
- How severe the alleged crime is
- Whether you are a “flight risk” or likely to show up to court
- Your criminal record
- Any ties you have to the community
- Whether you are employed
Essentially, the judge is evaluating the risk of letting you out and setting bail accordingly. If you seem like someone who is not going to show up to court and flee the state, they would probably prefer that you stay in jail until you reach the next stage of your criminal case.
What Are the Types of Bail?
Different types of bail can be set by the judge, including:
ROR: You don’t have to pay anything and get released on your own recognizance. You just have to sign an agreement that says you’ll appear in court.
Full cash only: This means you have to pay the full bail amount. Some people use a bondsman or bonds company here. You pay them 10% of the total amount along with a fee, and they cover the rest.
Cash with 10 percent option: As the name implies, posting 10% of the set amount is sufficient to get you out of jail.
Property bond: You can get out of jail by putting a lien against your property.
How Can an Attorney Help at a Bail Hearing?
If you have an attorney at the time of the bail hearing, they may be able to help you. Sometimes bail is set far higher than it should be and a lawyer can file a motion to reduce it. They can also argue on your behalf, making a case that you are not a flight risk and giving other reasons why the initial amount set by the judge should be lowered.
Talk to a Criminal Defense Lawyer
So if you have questions about bail or what kinds of rules you’ll have to follow between court dates, we can help. Contact the Law Office of Boyd & Squitieri to schedule a consultation. Our experienced defense attorneys are ready to be of assistance.
