What Factors Are To Be Considered By The Court In Setting A Bail Amount?
Bail is to be set at the amount which will adequately ensure the presence of the accused as required by the Court. Court Rule 3:26-1 sets forth eight (8) factors that should be considered by the court in setting a bail amount, including:
(1) the seriousness of the crime charged against defendant, the apparent likelihood of conviction, and the extent of the punishment prescribed by the Legislature;
(2) defendant’s criminal record, if any, and previous record on bail, if any;
(3) defendant’s reputation, and mental condition;
(4) the length of defendant’s residence in the community;
(5) defendant’s family ties and relationships;
(6) defendant’s employment status, record of employment, and financial condition;
(7) the identity of responsible members of the community who would vouch for defendant’s reliability;
(8) any other factors indicating defendant’s mode of life, or ties to the community or bearing on the risk of failure to appear, and, particularly, the general policy against unnecessary sureties and detention.
In applying these factors, the court has discretion to release a person on their own recognizance, with or without a bail amount being set (e.g. If an ROR is issued with bail, the accused does not have to post anything as a condition of release on bail but is subject to a warrant for the bail amount should he/she become a fugitive).
Bail Range: Criminal Charges in Essex County
There are some criminal offenses that come up more often than others in Essex County. The following is a list of the recommended bail range for common charges. To review the complete New Jersey Bail Scheduled, click here.
Murder & Felony Murder $250,000-1,000,000
Aggravated Manslaughter $200,000-500,000
Manslaughter $100,000-200,000
Death by Auto 1st deg: $150,000-350,000; 2nd deg: $50,000-150,000
Robbery 1st deg: $100,000-250,000; 2nd deg: $50,000-100,000
Burglary 2nd deg: $35,000-75,000; 3rd deg: $10,000-50,000
Aggravated Assault 2nd deg: $20,000-100,000; 3rd deg: $5,000-50,000; 4th deg: $1,000-5,000
Assault by Auto 2nd deg: $20,000-50,000; 3rd deg: $5,000-35,000; 4th deg: $1,000-2,500
Eluding 2nd deg: $25,000-50,000; 3rd deg: $10,000-20,000
Terroristic Threat 2nd deg: 25,000-50,000; 3rd deg: $10,000-20,000
Stalking 3rd deg: $20,000-50,000; 4th deg: $1,000-2,500
Sexual Assault $50,000-200,000
Aggravated Sexual Assault $150,000-300,000
Criminal Sexual Contact $1,000-2,500
Agg. Criminal Sexual Contact $25,000-100,000
Luring 2nd deg: $50,000-100,000; 3rd deg: $20,000-50,000
Endangering Welfare 1st deg: $100,000-250,000; 2nd deg: $50,000-100,000; 3rd deg: $20,000-50,000
Lewdness 4th deg: $1,000-2,500; DP: $500-1,000
Prostitution 2nd deg: $25,000-50,000; 3rd deg: $5,000-15,000; 4th deg: 1,000-2,500; DP: $500-1,000
Leader of Narcotics Trafficking Network $200,000-350,000
Operating CDS Production Facility $200,000-350,000
Distribution of CDS 1st deg: $100,000-250,000; 2nd deg: $75,000-150,000; 3rd deg: $5-20,000; 4th deg: 1,000-2,500
School Zone Distr. of CDS $15,000-35,000
Public Park Zone Distr. 2nd deg: $25,000-50,000; 3rd deg: $10,000-25,000
Obtaining CDS by Fraud $5,000-10,000
Prohibited Weapons 3rd deg: $7,500-20,000; 4th deg: $1,000-2,500
Weapons Unlawful Purpose 2nd deg: $50,000-100,000; 3rd deg: $10,000-20,000; 4th deg: $1,000-2,500
Unlawful Poss. of Weapon 1st deg: $50,000-150,000; 2nd deg: 25,000-100,000; 3rd deg: $7,500-20,000
Certain Persons Weapons 2nd deg: $25,000-100,000; 3rd deg: $7,500-20,000; 4th deg: $1,000-7,500
Bail Hearing Defense Attorneys, Newark NJ
Bail can be an extremely important issue in a criminal case. There are many reasons for this statement including, but not limited to, the fact that the accused can assist in preparing his/her defense much more easily if they are out of custody. There are also numerous other considerations for the importance of achieving a release on bail. Our attorneys are prepared to do what it takes to insure that a fair and reasonable bail amount is set and that you securing your release as swiftly as possible. Call us now for immediate assistance from one of our Newark NJ Bail Attorneys. We can be reached 24/7 at 973-710-1520.