In New Jersey, a bond hearing, also called a bail hearing, is a routine part of most criminal cases. When a defendant is charged with a crime, they must be given a bail hearing to determine if they can be released on bail or held in jail until their trial. Exactly what happens at this hearing might mean the difference between sitting in a cell or going home to your loved ones.
The bail hearing begins quickly. Defendants must have a bail hearing within 48 hours of being formally charged. At the hearing, the judge may consider numerous factors about the defendant and the criminal charges when deciding bail. For example, the judge may consider whether the defendant is a serious flight risk or if they pose a danger to the public if released. In New Jersey, the criminal justice system has largely moved away from the use of cash bail. However, cash bail may be enforced under certain circumstances, usually in cases involving more serious offenses.
Contact our NJ criminal defense lawyers at the Law Offices of John J. Zarych and ask for a free initial case assessment by calling (609) 616-4956.
The Bond Hearing Process in NJ
Bail hearings are a vital part of our legal system. Without them, defendants might needlessly sit in jail while their cases work their way through the courts. Thankfully, defendants are entitled to a bail hearing by law, and the courts have moved away from making defendants pay to secure pretrial release.
The court decides whether a criminal defendant should be released on bail and, if so, what the terms and conditions of their pretrial release must be. According to N.J.S.A. § 2A:162-17(a), courts typically release defendants on their own recognizance, meaning they do not pay any money unless additional restrictions are needed to ensure their appearance in court.
In the past, defendants often had to pay a sum of money determined by the court to secure their pretrial release. If the defendant attended all their court appearances, the bail money would be returned to them. If they skipped bail, their money would be forfeited, they would be re-arrested, and they might have their bail revoked, meaning they would spend the remainder of their trial in jail.
The cash bail system is starting to fall out of favor thanks to bail reform laws, and many defendants may secure their release without paying any money. As detailed below, cash bail tends to be reserved for more serious offenses of defendants who are unlikely to show up to court unless money is on the line. If you are charged with a non-violent criminal offense, our NJ criminal defense lawyers may have a better chance of getting you released without cash bail.
At a bail hearing, the court may consider various factors when deciding bail. For example, the court will likely consider whether a defendant poses a serious flight risk. If the judge believes you are likely to leave the state if released on bail, they may impose greater restrictions. The judge may also consider whether the defendant is dangerous to the community. People charged with violent crimes who have a history of violence are less likely to be granted bail. Even your financial status and ability to pay cash bail may play a role.
When You Might Have to Pay Cash Bail After a Bind Hearing in NJ
According to N.J.S.A. § 2A:162-17(b), if the court does not believe that a defendant released on their own recognizance will return to court, they may impose bail with any number of terms and conditions meant to restrict the defendant’s behavior. For example, the court may require the defendant to avoid contact with victims and witnesses, maintain employment, abide by a curfew, refrain from possessing weapons, and various other non-monetary restrictions.
However, under subsection (c) of this law, monetary bail conditions may be imposed if non-monetary bail terms are deemed insufficient to ensure the defendant’s cooperation and appearance in court. A court might reach such a decision if they believe that a defendant is a serious flight risk or is likely to harass witnesses or intimidate the alleged victim.
In some cases, certain criminal offenses automatically come with bail restrictions under N.J.S.A. § 2A:162-12(a). Under the law, a person charged with a criminal offense with bail restrictions must post bail using full cash, a surety bond, or a bail bond secured by real property.
Criminal offenses that come with bail restrictions include first or second-degree indictable crimes related to serious offenses like homicides, sexual offenses, and other violent crimes.
Bail Without Paying Cash in NJ
As mentioned earlier, many defendants are released on bail without having to pay any money. This is due to a major shift in the legal landscape of the state and the country. Many legal professionals believe that cash bail allows wealthy defendants to walk free while poor defendants must remain in jail while their case is pending. Nowadays, the New Jersey courts are more inclined to release defendants on their own recognizance. This means that defendants essentially promise to return to court for their trial without paying money. There might not even be many restrictions placed on the defendant while out on bail.
If additional restrictions are necessary, the judge may impose certain terms and conditions that do not involve cash bail. The court might impose a curfew, require you to avoid witnesses, victims, and codefendants, stay away from firearms or controlled substances, and refrain from leaving the state, among other restrictions.
If you violate any of these conditions, you risk being re-arrested and taken back to court. Your bail might be altered or even revoked. The court might decide to impose cash bail or require you to remain in jail while your case is pending.
Speak to Our NJ Criminal Defense Lawyers to Get Help Now
Contact our Atlantic City criminal defense lawyers at the Law Offices of John J. Zarych and ask for a free initial case assessment by calling (609) 616-4956.
