How can I get bail reduced in New Jersey?
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How to Get Bail Reduced in New Jersey
Getting arrested can be scary, and trying to come up with money for bail can be really stressful. But there are things you can do to try to get your bail reduced in New Jersey.
What is Bail?
When someone gets arrested, the court sets an amount of money called “bail” that you have to pay to get out of jail while your case is pending. The idea is that if you pay bail, you’ll come back to court when you’re supposed to. Bail is not a fine or penalty, and you get the money back when your case is over (unless you miss court dates).
There are a few ways to pay bail in New Jersey:
- Pay the full amount in cash
- Pay 10% of the bail amount in cash if the court allows it
- Use a bail bondsman and pay them a fee, usually 10% of the total bail
- Use property you own, like a house, as collateral for the bail
- Get released without having to pay bail (called released on your own recognizance or ROR)
How to Get Your Bail Reduced
If the bail seems too high for you to pay, you can ask the court to lower the amount. This is called a bail reduction motion. Here’s how it works:
- Hire a criminal defense lawyer – They know the process and can argue for lower bail
- File a motion – Your lawyer will file paperwork asking for lower bail
- Attend a hearing – The judge will hear arguments from you and the prosecutor about bail
- Judge decides – The judge will either lower your bail, keep it the same, or raise it
Bail hearings usually happen pretty quickly, within a week or so of your arrest. So it’s important to act fast and get a lawyer on your side immediately.
How Lawyers Get Bail Reduced
When arguing for lower bail, your attorney will point out factors like:
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- Your ties to the community – job, family, owning a home shows you’ll come back to court
- Your criminal record – first offense means you’re not a flight risk
- The seriousness of the charges – minor charges mean lower bail
- Your financial situation – bail should be based on what you can afford
They’ll also explain your defense and reasons why you should be released. Good lawyers negotiate with the prosecutor beforehand too. Overall, an experienced attorney who knows the judges and laws is key.
What if Bail Isn’t Reduced?
If the judge keeps your bail the same amount that you can’t afford, you’ll stay in jail until your case finishes. But don’t lose hope! There are still things you can do:
- File another bail motion later if your circumstances change
- Consider using a bail bondsman if you have collateral
- Talk to your lawyer about possible plea bargains to end the case
- Work on your defense from jail to fight the charges
And remember – you haven’t been convicted yet! The jail stay doesn’t necessarily mean you’ll do prison time if found guilty.
Other Tips for Getting Bail Reduced
Here are a few other things that may help when trying to get your bail lowered:
- Get character references from employers, teachers, clergy, etc to show the judge
- Highlight medical conditions that make jail time dangerous for you
- Volunteer for drug/alcohol monitoring or an ankle bracelet for supervision
- Offer to turn in any guns or weapons you own
- Provide a detailed financial statement showing what you can afford
The key is showing why you deserve lower bail and will come back to court. Good luck!
Disclaimer: This article is not legal advice. Always speak to a criminal defense lawyer about your specific situation and options.