Even though New Jersey has eliminated cash bail, there are still consequences for violating the conditions of your pre-trial release. This includes failing to appear at a scheduled court proceeding for your case.
Bail jumping is when a defendant who was set free under the condition that they agree to appear at a certain time and place doesn’t show without a good reason. Under New Jersey law, bail jumping is a crime and comes with severe legal consequences.
What Is Bail, and What Are Bail Conditions?
Bail is a way to ensure a criminal defendant appears in court. If a judge grants bail, the defendant remains free before their trial. However, they must follow specific court-ordered conditions to stay out of custody.
While many states use cash bail, New Jersey does not anymore. Instead, courts use a standardized Public Safety Assessment for each defendant that considers the following factors:
- The defendant’s age
- The defendant’s alleged offense
- The defendant’s prior convictions and failures to appear in court
- Jail or prison time the defendant previously served
Defendants with violent charges or previous cases of failing to appear are less likely to be released. Ultimately, the judge will determine whether the defendant has a low, moderate, or high risk of failing to appear or accumulating further charges. If they determine the defendant should be released, they will set appropriate conditions for reporting and monitoring until the trial begins. Some possible bail conditions include:
- Phone or in-person check-ins with pre-trial services officers
- GPS location tracking
- Home detention
- Travel restrictions
- No-contact orders, restraining orders, or trespasses
- Curfews
- Confiscation of weapons
- Mental health counseling
- Abstinence from drug or alcohol use
What Must the Prosecution Prove for a Bail Jumping Conviction?
To make a conviction of bail jumping, the prosecutor must show that the defendant failed to appear without a lawful excuse. To prove this, the prosecutor must establish these elements beyond a reasonable doubt:
- The defendant was released by a court order on the condition that they would appear at a specific time and place related to the charged offense.
- The defendant did not appear at the specified time and place.
- The defendant did not have a lawful excuse for their non-appearance.
It’s important to note that the law does leave room for exceptions when the defendant has a real and acceptable excuse for missing court. It’s up to a skilled criminal defense attorney to present a solid argument for that excuse to avoid a bail jumping conviction.
What Is the Punishment for Bail Jumping?
The penalties for a bail jumping conviction depend on the severity of the original charges. These are the different tiers and the maximum possible sentence for each:
- Petty disorderly persons offenses – 30 days’ imprisonment and a $500 fine
- Disorderly persons offenses – 6 months’ imprisonment and a $1,000 fine
- Fourth-degree crimes – 18 months’ imprisonment and a $10,000 fine
- Third-degree crimes or higher or with fleeing or hiding – 3-5 years’ imprisonment and a $15,000 fine
Beyond legal penalties, you may also harm your standing in plea negotiations by bail jumping. The court may revoke your pre-trial release and order you to be taken into custody until trial. Should you face criminal charges in the future, your chances of favorable bail conditions will also decrease.
What Are the Differences Between Bail Jumping and Failing to Appear?
Some states differentiate bail jumping from failing to appear, and many New Jersey defendants incorrectly believe that the two offenses are separate or carry different penalties. In reality, state law puts them under one singular bail jumping offense and does not differentiate between different types of pre-trial release.
Whether you were released on specific conditions or on your own recognizance, and regardless of the terminology law enforcement uses, you will face the same charges and penalties if you do not appear in court when you are supposed to.
Defenses Against Bail Jumping Charges
A bail jumping conviction will increase your possible total sentence. However, your legal team can prepare an affirmative defense, proven by a preponderance of the evidence. Your standard of proof is lower than what the prosecution must provide for a conviction. However, you must typically still show documentation supporting your circumstances.
Some possible defenses against a bail jumping charge include:
- Lack of knowledge – Your lawyer may argue that you weren’t aware of the scheduled court date due to an administrative error. For example, an official notification may not have been properly delivered or received.
- Unavoidable circumstances – Another possible defense is that specific circumstances prevented your appearance in court. This could include a hospitalization, a natural disaster, or an emergency involving one of your immediate family members.
- Insufficient notice – Your lawyer may argue this defense if the court didn’t give you advance notice or changed your case’s schedule without notifying you. This defense may also apply to technical issues with court notification systems.
Your lawyer cannot make these arguments as a defense against bail jumping:
- You did not commit the original offense.
- You disagree with the bail conditions, no matter the reason.
- You have a scheduling conflict, or the required hearing is not at a convenient time.
Some defendants who fail to appear make a good-faith effort to comply by self-reporting and cooperating with the authorities. This could help your negotiating position for a plea deal.
Get in Touch with Our New Jersey Criminal Defense Lawyers for Legal Support Today
If you’ve been charged with bail jumping in New Jersey, the team at the Law Offices of Jonathan F. Marshall can defend your rights. We have over two centuries of combined legal experience serving clients across the state and merge the resources of a large firm with the personalized dedication of a small one. Many of our attorneys have served as former prosecutors, giving us a unique understanding of how the other side thinks. We also have a history of favorable results and testimonials.
Here at the Law Offices of Jonathan F. Marshall, we believe in a person’s right to be presumed innocent until they are proven guilty. We are prepared to defend your right to that presumption. We’re available 24/7 to evaluate your case and answer your questions. Time is of the essence, so call us today for a free consultation to learn more about how to beat a bail jumping charge.
