Bail Amount

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:

  1. Seriousness of charge;
  2. Likelihood of conviction;
  3. Penalties that apply if convicted;
  4. Prior criminal record;
  5. Previous history when released on bail;
  6. Defendant’s reputation and mental condition;
  7. Length of residency in the community;
  8. Family ties and relationships within the community;
  9. Employment status, record of employment, and financial condition;
  10. The existence of responsible members in the community to vouch of the defendant; and
  11. 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

OffenseDegreeBail RangeRestrictions
Murder1st$250,000-$1,000,000No 10%
Manslaughter2nd$100,000-$200,000No 10%
Vehicular Homicide1st & 2nd$50,000-$350,00010% Permissible
Agg. Sexual Assault1st$150,000-$300,000No 10%
Sexual Assault2nd$50,000-$200,000No 10%
Agg. Criminal Sexual Contact3rd$25,000-$100,00010% Permissible
Criminal Sexual Contact4th$1,000-$2,50010% Permissible
Failure to Register3rd$5,000-$20,00010% Permissible
Agg. Assault2nd
3rd
4th
$20,000-$100,000
$5,000-$75,000
$1,000-$2,500
10% Permissible
Assault by Auto2nd
3rd
4th
$20,000-$50,000
$5,000-$35,000
$1,000-$25,000
10% Permissible
Terroristic Threats2nd
3rd
$25,000-$50,000
$10,000-$20,000
10% Permissible
Stalking3rd
4th
$20,000-$50,000
$1,000-$2,500
10% Permissible
Robbery1st
2nd
$100,000-$250,000
$50,000-$100,000
No 10%
Criminal Mischief2nd
3rd
4th
$50,000-$75,000
$5,000-$15,000
$1,000-$2,500
10% Permissible
Burglary2nd
3rd
$35,000-$75,000
$10,000-$50,000
10% Permissible
Theft2nd
3rd
4th
$35,000-$75,000
$5,000-$20,000
$1,000-$2,500
10% Permissible
Receiving Stolen Property2nd
3rd
4th
$35,000-$75,000
$10,000-$50,000
$1,000-$2,500
10% Permissible
Shoplifting2nd
3rd
4th
$35,00-$75,000
$5,000-$20,000
$1,000-$2,500
10% Permissible
Endangering1st
2nd
3rd
$100,000-$250,000
$50,000-$100,000
$20,000-$50,000
No 10%
No 10%
10% Permissible
Eluding2nd
3rd
25,000-$50,000
$10,000-$20,000
No 10%
10% Permissible
Distribution of CDS1st
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 Zone3rd$15,000-$35,000No 10%
CDS In Public Park2nd
3rd
$25,000-$50,000
$10,000-$25,000
No 10%
10% Permissible
Possession of CDS3rd
4th
$5,000-$10,000
$1,000-$2,500
10% Permissible
Obtaining CDS By Fraud3rd$5,000-$10,00010% Permissible
Prohibited Weapons3rd
4th
$7,500-$20,000
$1,000-$2,500
10% Permissible
Unlawful Possession of Weapon1st
2nd
3rd
$50,000-$150,000
$25,000-$100,000
$7,500-$20,000
0% Permissible
Certain Persons2nd
3rd
4th
$25,000-$100,000
$7,500-$20,000
$1,000-$7,500
10% Permissible
Unlawful Purposes2nd
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.