Motion To Reduce Bail
Union County Attorney For Bail Reduction Motion
Every defendant has the right to seek a bail reduction and most individuals are aware of this right. What they do not realize is that the best opportunity for reducing the amount, changing the type or eliminating a restriction on bail is often at the time of the first bail motion. This is because judges often given significant weight to the decision made on the initial bail reduction motion thereby making it that much more difficult to reduce bail if you don’t the first time around. It is therefore important that you make every effort to present the best bail motion possible as opposed to thinking that any effort will do. This thinking is plainly in error and can cause significant problems for someone in custody at the Union County Jail, 15 Elizabethtown Plaza, Elizabeth, NJ, on drug charges, a sex offense, weapon violation, or any other criminal offense. Our attorneys are seasoned criminal litigators, many of which are former prosecutors, who are prepared to immediately meet with you or your loved one at the jail and to file the type of bail motion that is necessary to provide the best opportunity a bail modification. Call us 24/7 for immediate assistance at 908-272-1700.
Procedures For Setting Bail
- Initial Bail. When someone is arrested for criminal offense, the court have authority to impose bail. The purpose of the bail is not to insure that the accused remains in custody (i.e. jail) but rather to provide assurance that they will appear in court should they be released. By requiring the posting of money (i.e. cash), a bond, or property, that will be forfeited should the defendant fail to appear, the law seeks to provide a disincentive for non-appearance. The Court Rules provide twelve (12) years from the time of arrest for the Court to set an initial bail for this purpose.
- Review Of Initial Bail. If an individual is unable to post bail, they are entitled to have terms of the bail reviewed by the Superior Court. This typically occurs within two (2) business days of entry into the Union County Jail. The Judge who conducts these reviews is the Honorable Joan Robinson Gross.
- Bail Reductions. An individual may present a formal bail motion to modify the amount, type of bail or a condition on bail, at any time following the initial review.
Amount of Bail
The New Jersey Administrative Offices of the Courts has published a statewide bail schedule to be referenced by all judges when they set a bail. This schedule provides a recommended range of amounts that may be set as bail for a particular offense. In order to determine where within this range the judge should set the bail amount, New Jersey Court Rule 3:26-1 sets forth factors to be considered by the court including, but not limited to, seriousness of the crime, likelihood of conviction, the defendant’s prior record and ties to the community, etc. Since a Judge rarely has the benefit of anything more than what police tell them at the time of calling in the initial bail, the amount can often be inflated. This is why a motion to reduce bail may be necessary in your case. Our attorneys will make sure that the court is made aware of the real facts at the bail hearing so that a fair and reasonable bail amount, including the possibility of a 10% bail, may be presented.
Bail Reduction Hearing, Elizabeth NJ
All hearings to reduce bail or modify a condition of bail are conducted at the Union County Superior Court, 2 Broad Street, Elizabeth NJ. It is therefore in your best interests to obtain representation by attorneys who know their way around this courthouse. Our firm, the Law Offices of Jonathan F. Marshall, have been appearing in Elizabeth on all forms of indictable criminal offenses for decades and can help you successfully obtain a reduction in the bail amount or other modificationl. A member of our team is available around the clock to help individuals in urgent matters like securing an immediate bail and/or preparation of a bail motion. Call us 24/7 at 908-272-1700.