Another of the frequently asked questions by a client's family; is what is the amount of bail going to be. Typically, the State requests and the Courts grant a high bail at the beginning off a case, as the only consideration used to set the initial bail is the seriousness of the charged crimes. In many cases, we advise our clients and their families not to post bail until after we have filed a Bail Motion. Depending on the factors (listed below) a lower bail is often the result of the bail motion. Another factor is whether the case is in the State Superior Court, or the Federal District Court

In New Jersey, during a Bail Motion a Court's bail decisions are guided by several standardized guidelines, one of which is a Court Rule (R.3:26-1) which sets out a number of factors. These factors will be used by the State to argue for a high bail and by the defense to argue for a low bail. The more information a client can present during the Motion to support the factors most favorable to the defense, the more likely it is that a Court can be persuaded to set a lower bail.

The factors the Court will take into consideration include

  • The seriousness of the charged crimes
  • The likelihood of conviction based on the facts known at that time
  • The sentencing range if the client were convicted
  • The client's past criminal record
  • The client's past history while on bail
  • The client's reputation and mental condition
  • How long the client has resided in the community
  • The client's family ties to the community
  • The client's employment status and past record
  • The client's financial status
  • Community members who vouch for the client

When as much information as can be gathered together quickly has been provided to the criminal defense lawyer, the Bail Motion should then be filed, and not until then. Additional issues pertaining to these frequently asked questions about bail will be addressed in another blog post.