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Motion To Reduce Bail

The first step in helping an individual charged with an offense, especially where they are facing a first degree, second degree, third degree of fourth degree crime, is often a motion to reduce bail. If this effort is successful, it frequently translates into thousands of dollars in savings to a client or their loved ones. Our criminal defense lawyers have been helping individuals secure reduced bail for decades now and can help you too. We may be able to eliminate the need for a bond and payment of the related bail bond fee altogether (e.g. modifying the bail to a ROR or a 10% cash bail). And even when this cannot be accomplished, we almost always can reduce the bail and the amount that would have to be paid to the court or a bail bondsman. Call us anytime 24/7 at 973-710-1520 to speak to an attorney in our Newark NJ Office. Initial consultations are always free of charge.

Reducing The Bail Amount Set By The Court

The Criminal Division in Essex County has its own rules in terms of the timing and format of motions for bail reduction. Bail reduction motions must be filed at the Criminal Case Management Unit, New Courts Building, 50 West Market Street, Newark NJ. Motions are heard the three after filing. A motion filed after 12:00 p.m. is considered as a filing for the following day. For example, a bail motion filed at 1:00 p.m. on a Tuesday, would not be heard until the following week whereas a motion filed at 11:59 a.m. would be heard at 8:30 a.m. Friday.

In terms of content, the motion must outline why the bail is excess and/or unduly burdensome. Remember, the purpose of bail is to sufficiently ensure appearance in court and not to penalize an accused before they have been afforded an opportunity to fight the charges (i.e. trial). In fact, guilt or innocence of the accused is not to have any relevance in the evaluation process of the judge in setting, reviewing or determining a motion on bail.   Perhaps the defendant has a history of appearing in prior proceedings, strong ties to the community, or has no previous convictions. Even when circumstances like these do not exist, it may be that the bail amount was excessively high given the recommended bail range and the nature and circumstances of the case. These factors, as well as any others, are effectively presented by our attorneys in order to obtain a reduction in bail.

Modification of Restrictions or Conditions

When a court sets bail, it can also impose restriction and/or conditions. The lawyers at the Law Offices of Jonathan F. Marshall can apply to modify a restriction or condition on bail. For example, perhaps the original bail is full cash only or does not permit a 10% cash bail. We can file a motion to remove the restriction so that a bail bondsman isn’t needed (e.g. 10% cash bail where you get a full refund of this amount if the defendant appears) or to allow for bond on a bail (i.e remove the cash only condition).

Bail Source Hearing. The prosecutor may request an additional requirement when it comes time to posting bail, namely, that you demonstrate that the money or property was acquired through legitimate means. This is what is commonly referred to as a Bail Source Hearing. This requirement, if enforced by the court, can often prove to be problematic if the funds for a bondsman or the court, or the property pledged, cannot be tied to a bona fide source. A seasoned attorney like those at our firm can attempt to negotiate the bail source requirement with the prosecutor and, if needed, present argument so that the condition does not inhibit a release from jail.

Newark NJ Bail Reduction Attorneys

In many cases, the benefits achieved from a motion to reduce bail can offset the cost of defense and, in some cases, totally cover this expense. For example, if bail is set at $50,000 with no 10%, the fee for a bondsman typically is $5,000 and is non-refundable. If a motion results in 10% cash bail being permitted, the cost of bailing the same person out has essentially be eliminated because the same $5,000 is now a refundable deposit with the court as opposed to a fee payable for a bond. Another scenario might be for the bail to be reduced as a result of a motion from $50,000 to $25,000 thereby resulting in $2,500 less for the fee payable to the bondsman. Scenarios like these can be achieved through a bail motion, something that results in no additional representation costs if you choose to retain us. The legal time and effort to file and argue the bail reduction motion is included our overall defense fee (i.e. there is no additional legal cost to you).

An Essex County Bail Attorney that is experienced in motions to reduce is available to assist you any time of day or night at 973-710-1520. We hope to hear from you.