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Bail Conditions and Restrictions Bail Conditions and Restrictions

Bail Restrictions & Conditions

An order setting bail at 100% cash bond can be overwhelming to an individual's chances of being released from jail pending trial on charges. The reality is that most individuals and families do not have the cash resources to post $50,000, $100,000 or even more. It is therefore imperative that a Bail Reduction Motion be filed if release is going to be any possibility. An attorney experienced in this process is an absolute imperative since this opportunity cannot be wasted. The lawyers at our firm, the Law Offices of Jonathan Marshall, have been defending those accused of criminal offenses in New Jersey for over six decades. We have filed countless bail reduction motions and, in fact, our attorneys have been successful in a vast percentage of these cases in eliminating and/or reducing a bail amount, restriction or condition. A lawyer is available immediately if you are facing a restriction on posting of bail that is disabling your ability to be obtain release from jail. Contact us anytime at 1-877-450-8301 and feel free to consult the information that we have provided.

NJ Law on Restrictions to Posting Bail

Under N.J.S.A. 2A:162-12, there are specific crimes that required restrictions on bail. Bail restrictions may be imposed by a Superior Court Judge to further ensure that a defendant will appear at trial and other court proceedings. Bail is restricted when a defendant is charged with certain crimes of the first or second degree in New Jersey, including:

• Murder

• Manslaughter

• Kidnapping

• Sexual Assault

• Robbery

• Carjacking

• Arson and Related Offenses

• Causing or Risking Widespread Injury or Damage

• Burglary

• Theft by Extortion

• Endangering the Welfare of Children

• Resisting Arrest

• Eluding an Officer

• Escape

• Corrupting or Influencing a Jury

• Possession of Weapons for Unlawful Purposes

• Soliciting or Recruiting Gang Members

Possession, Distribution, Manufacture of CDS

If a person is charged with a crime of the first or second degree, then the judge customarily imposes restrictions on posting of bail. These limitations can be very expensive and, for example, require full cash bail or require that a bail bond be secured by an interest in your home equal to the amount of bail plus an additional $20,000. Furthermore, when Determining the Amount of Bail, the judge always has the last say and discretion to go further to restrict bail by deviating from the recommended Ranges of Bail for Particular Criminal Offenses.

New Bail Conditions: Victim Contact, Passport, Weapons, Etc.

W hen setting bail in the Superior Court or Municipal Court, a judge may attach certain conditions to a defendant's release. This procedure is permitted by Rule 3:26-1(a) for indictable matters and Rule 7:4-1 for non-indictable matters (e.g. disorderly persons offenses). As a condition of bail the judge may order no further contact with a victim, complainant, his or her place of residence, or family. Another common condition is that the defendant surrender his or her passport. Weapons are also frequently seized or relinquished and always when charges arise out of a domestic violence/restraining order issue. There are other conditions that may be attached by the Superior Court or even a Municipal Court Judge.

Skilled Lawyers in Handling Restrictions & Conditions on Bail

It can be particularly frustrating to suspects and their families when bail is excessive or a judge attaches restrictions or conditions that are inappropriate. When bail is set too high, a defendant is precluded from being with his family, working, and actively participating in his or her defense. No one wants to be placed in this position but you can take comfort in knowing that when you hire the attorneys at our firm you are getting over sixty (60) years of experience in dealing with bail issues behind you. Our lawyers will aggressively pursue a reduction of bail and elimination of restrictions on bail. Your lawyer knows exactly what needs to be the focus to get a condition lifted or a significant limitation or restriction on posting of bail vacated. In fact, we are continually successful in the overwhelming majority of cases in reducing bail and lifting cash and other restrictions. Contact us anytime 24/7 at 1-877-450-8301 to speak to an attorney.

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The criminal defense attorneys at the Law Offices of John F. Marshall represent New Jersey adult and juvenile clients from offices in Shrewsbury, Cranford, Toms River, Jersey City and New Brunswick. We provide prompt and convenient client service to people in such communities as Newark, Plainfield, Freehold, Eatontown, East Brunswick, Edison, Woodbridge, Westfield, Clark, Rahway, Piscataway, Sayreville, Elizabeth, Middletown, Asbury Park, Long Branch, Jackson, Lakewood, Point Pleasant, Edison, Old Bridge, Aberdeen, Linden, Belmar, Eatontown, Hazlet, Holmdel, Ocean, Sea Bright, Hoboken, Weehawken, Seaside Park, Seaside Heights, Tinton Falls, Wall, Brick, Dover, Jackson, and other locations in Monmouth County, Middlesex County, Union County, Ocean County, Burlington County, Mercer County, Essex County, Hudson County and Morris County.

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