Bail can be very confusing to someone who is inexperienced with the criminal justice system and it is only more complicated when there are restrictions or conditions that apply. For example, is the criminal offense one that restricted to a cash only? Is there a condition on the bail that the defendant establish a legitimate bail source? The following discussion explores these issues in hopes of providing you with a working knowledge of bail restrictions and bail conditions. Please do not hesitate to contact our Newark Office at 973-710-1520 for a free consultation to discuss obtaining bail and any limitations that may apply in your case. Attorneys from our Essex County Law Firm who are skilled in criminal defense and bail issues are available 24/7 to assist you.
Crimes With Bail Restrictions
There are certain criminal offenses that carry with them bail restrictions. Crimes with bail restrictions under N.J.S. 2A:162-12 are first or second degree crimes following under the including:
• Murder
• Manslaughter
• Kidnapping
• Sexual Assault
• Robbery
• Carjacking
• Arson
• Causing Widespread Injury
• Burglary
• Theft by Extortion
• Resisting Arrest: Eluding
• Escape
• Jury Tampering
• Possession of a Weapon for Unlawful Purpose
• Weapons Training for Illegal Activity
• First or Second Degree Racketeering Under Title 41
• First or Second Degree Drug Offenses Under Title 35
When one of the aforesaid categories apply, a 10% cash bail or ROR are not available. What this means is that bail must be posted in cash only, bond or property where these offenses have been charged. In addition, the Court is directed to take things a step further and apply a “cash only” bail where the accused has two separate cases pending that involve indictable charges, two prior convictions for first or second degree crimes, or where he/she has a prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping.
Standard Conditions On Bail
There are standard conditions that an individual must comply with in order to continue his/her bail. If these conditions are violated, the bail may be forfeited and/or deemed violated, and the accused taken into custody with no bail, a higher bail, or a more restrictive form of bail. The standard conditions that apply to all bails include appearing at all scheduled court proceedings, not leaving the jurisdiction without the approval of the court and no new arrests. If one or more of these conditions are violated, a Judge has discretion to recall the bail, incarcerated the defendant and/or impose a different bail.
Special Conditions To Bail
The Court can impose special conditions to bail including seizure of an individual’s passport, precluding contact with certain persons (e.g. victim in domestic violence proceeding, adverse witnesses, etc.), or prohibit possession of weapons (e.g. seize firearms). If a special condition is violated, the court again has discretion to recall the bail and place the accused in jail.
Experienced Newark Bail Attorneys To Obtain Relief From Bail Restrictions & Conditions
Judges are becoming more and more deliberate in how bail is structured. This may explain why bail restrictions and bail conditions are so common when initial bails are set. But this does not mean that you are not without relief if you or a loved one is on the short end of a problematic restriction or condition. We can help you modify bail so that this issue is eliminated. A Newark Criminal Charge Attorney from our firm can be reached immediately at 973-710-1520 and initial consultations are free of charge.