A judge has considerable discretion in setting bail in a criminal case. The New Jersey Administrative Office of the Courts has adopted a guide, however, that is to be consulted when making determinations on this issue. The related document is referred to as the Statewide Bail Schedule and outlines appropriate bail ranges for almost every criminal offense, as well as any restrictions that apply. The types of charges listed in Schedule I may only be set by a judge sitting at the Somerset County Superior Court whereas those contained in Schedule II can be initially be determined by a judge sitting in Montgomery, Franklin, Bound Brook, Bridgewater, or another municipality in the county. If you believe that the initial bail set in a case is excessive or are otherwise in need of legal guidance regarding bail, our team of defense lawyers is prepared to assist you. Here at The Law Offices of Jonathan F. Marshall, we offer representation by one of the state’s largest and most experienced criminal teams, including a staff of former prosecutors. We can be reached for initial free consultations 24/7 at 908-722-1011.
Setting The Amount Of Bail In A Somerset County or Hunterdon County Criminal Case
As previously stated, the guide sets forth a schedule of recommended ranges within which a judge should set bail. The specific bail amount to be set within these ranges is determined based on several factors including the:
- Seriousness of charge;
- Likelihood of conviction;
- Penalties that apply if convicted;
- Prior criminal record;
- Previous history when released on bail;
- Defendant’s reputation and mental condition;
- Length of residency in the community;
- Family ties and relationships within the community;
- Employment status, record of employment, and financial condition;
- The existence of responsible members in the community to vouch of the defendant; and
- Any other factors indicating the defendant’s mode of life or ties to the community or bearing on the risk of failure to appear.
Since the objective of bail is to provide assurance that the defendant will appear in court, the judge must make an assessment of the risk level of a particular defendant. The previously mentioned factors are supposed to provide a benchmark for making this evaluation. If the court determines that the defendant is a high risk, bail will be set at the top of the range or perhaps even be outside the guide. Conversely, someone with strong ties to the community and no prior record is more likely to be at the bottom of the range.
Recommended Bail Terms For Common Criminal Charges
| Offense | Degree | Bail Range | Restrictions |
| Murder | 1st | $250,000-$1,000,000 | No 10% |
| Manslaughter | 2nd | $100,000-$200,000 | No 10% |
| Vehicular Homicide | 1st & 2nd | $50,000-$350,000 | 10% Permissible |
| Agg. Sexual Assault | 1st | $150,000-$300,000 | No 10% |
| Sexual Assault | 2nd | $50,000-$200,000 | No 10% |
| Agg. Criminal Sexual Contact | 3rd | $25,000-$100,000 | 10% Permissible |
| Criminal Sexual Contact | 4th | $1,000-$2,500 | 10% Permissible |
| Failure to Register | 3rd | $5,000-$20,000 | 10% Permissible |
| Agg. Assault | 2nd 3rd 4th | $20,000-$100,000 $5,000-$75,000 $1,000-$2,500 | 10% Permissible |
| Assault by Auto | 2nd 3rd 4th | $20,000-$50,000 $5,000-$35,000 $1,000-$25,000 | 10% Permissible |
| Terroristic Threats | 2nd 3rd | $25,000-$50,000 $10,000-$20,000 | 10% Permissible |
| Stalking | 3rd 4th | $20,000-$50,000 $1,000-$2,500 | 10% Permissible |
| Robbery | 1st 2nd | $100,000-$250,000 $50,000-$100,000 | No 10% |
| Criminal Mischief | 2nd 3rd 4th | $50,000-$75,000 $5,000-$15,000 $1,000-$2,500 | 10% Permissible |
| Burglary | 2nd 3rd | $35,000-$75,000 $10,000-$50,000 | 10% Permissible |
| Theft | 2nd 3rd 4th | $35,000-$75,000 $5,000-$20,000 $1,000-$2,500 | 10% Permissible |
| Receiving Stolen Property | 2nd 3rd 4th | $35,000-$75,000 $10,000-$50,000 $1,000-$2,500 | 10% Permissible |
| Shoplifting | 2nd 3rd 4th | $35,00-$75,000 $5,000-$20,000 $1,000-$2,500 | 10% Permissible |
| Endangering | 1st 2nd 3rd | $100,000-$250,000 $50,000-$100,000 $20,000-$50,000 | No 10% No 10% 10% Permissible |
| Eluding | 2nd 3rd | 25,000-$50,000 $10,000-$20,000 | No 10% 10% Permissible |
| Distribution of CDS | 1st 2nd 3rd 4th | $100,000-$250,000 $75,000-$150,000 $5,000-$20,000 $1,000-$2,500 | No 10% No 10% 10% Permissible 10% Permissible |
| CDS In School Zone | 3rd | $15,000-$35,000 | No 10% |
| CDS In Public Park | 2nd 3rd | $25,000-$50,000 $10,000-$25,000 | No 10% 10% Permissible |
| Possession of CDS | 3rd 4th | $5,000-$10,000 $1,000-$2,500 | 10% Permissible |
| Obtaining CDS By Fraud | 3rd | $5,000-$10,000 | 10% Permissible |
| Prohibited Weapons | 3rd 4th | $7,500-$20,000 $1,000-$2,500 | 10% Permissible |
| Unlawful Possession of Weapon | 1st 2nd 3rd | $50,000-$150,000 $25,000-$100,000 $7,500-$20,000 | 0% Permissible |
| Certain Persons | 2nd 3rd 4th | $25,000-$100,000 $7,500-$20,000 $1,000-$7,500 | 10% Permissible |
| Unlawful Purposes | 2nd 3rd 4th | $50,000-$100,000 $10,000-$20,000 $1,000-$2,500 | No 10% 10% Permissible 10% Permissible |
If you require assistance with respect to any bail issue, including a motion to reduce bail, contact our Bridgewater Criminal Office. We handle these matters throughout Hunterdon County including securing bail for those arrested in Clinton, Flemington, Readington and Raritan. Attorneys are available to assist you around the clock at 908-722-1011.
