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Union County NJ Criminal Defense Lawyers

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Bail Jumping

Elizabeth NJ Bail Jumping Lawyers

Failure to appear at a scheduled criminal hearing at the Union County Superior Court in Elizabeth is a serious problem when it results in a warrant and bail jumping charge. This offense can have serious consequences two ways. First, you are subject to another criminal charge, typically a third degree crime under N.J.S.A. 2C:29-7, if you jump your bail. The second significant ramification is that all future bails are presumed to be restricted to “cash only” if you have a prior history of bail jumping. What this means is that you probably will have no opportunity to be release on bond with respect to the underlying criminal offense or any future charges if you are convicted of bail jumping. It clearly in your best interest to avoid this result and our experienced Union County Criminal Attorneys are savvy advocates to help you achieve this outcome. Former prosecutors and other highly skilled lawyers on our team are available immediately for a free consultation 24/7. Call us at 908-272-1700 if you are facing a bail jumping or even a warrant in Elizabeth, Springfield, Plainfield, Cranford or Clark. An attorney is ready to assist you. Here is some additional information if you have been charged with bail jumping.

Can I Be Charged With Bail Jumping If I Was Released Without Bail?

Yes. Even if you were release on your own recognizance or without a bail, you may charged with a 2C:29-7 violation. The reason is because the language of this statute applies to anyone required by the court to appear at a specified time and place on a charge. There is no condition that the accused be “released” on bail.

What Is Required In Order To Be Found Guilty Of Bail Jumping?

There essential requirement of this charge is that you fail to appear at a scheduled court date without a lawful excuse. Simply choosing not to appear at a proceedings clearly fails to constitute a “lawful excuse.” Conditions that make it impossible to appear like incarceration or hospitalization suffice as excuses under 2C:29-7. In addition, our courts have indicated that a sudden death or very serious illness to a family member might provide a valid excuse as well.

Does The Statute Of Limitations Help Me Avoid Prosecution For Bail Jumping?

Yes. There is a five (5) year statute of limitation that applies to the offense of bail jumping. However, if the state can establish that the accused fled the jurisdiction to avoid prosecution, this limitation period is suspended (i.e. commonly referred to as “tolling”) for that period that the accused was a fugitive from justice.

How Is The Grade Of This Crime Determined?

Bail jumping is a third degree crime whenever the underlying criminal offense is of the same degree or higher. It is also a third degree crime if the accused engaged in flight or hiding to avoid prosecution. Bail jumping is a fourth degree crime if the pending criminal charge is also a fourth degree. Bail jumping on a disorderly persons offense results in a new charge of the same grade.

What Are The Penalties For Bail Jumping?

Third degree bail jumping carries a fine of up to $15,000 and state prison term of up to five (5) years. Fourth degree bail jumping can result in a fine as high as $10,000 and  up to eighteen (18) months in state prison. Disorderly persons bail jumping triggers a $1,000 fine and as much as 6 months in the Union County Jail.

Bail Jumping Defense Lawyer, Elizabeth NJ

As previously stated, almost all bail jumping offenses are dealt with in Elizabeth at the Union County Superior Court because they involve third degree crimes. This is the court that has jurisdiction over indictable criminal charges like these. Our attorneys are experienced in fighting violations in this court and are prepared to do what it takes to make sure you achieve the best outcome in your case. An attorney on our team has the tools needed to defend you throughout the county including in Fanwood, Garwood, New Providence, Linden or Rahway. Call us anytime 24/7 at 908-272-1700.