Reducing or Changing a Restriction on Bail in Somerset County
If you cannot afford the bail amount set by the court, want to removing a restriction (e.g. full cash/cash only), or are interested in modifying the type of bail that is in place, you will need to file what is commonly referred to as a “bail motion”. This application must be filed at the Superior Court in Somerville for charges filed in Somerset County and Flemington NJ for offenses in Hunterdon County. Our firm, The Law Offices of Jonathan F. Marshall, has been handling bail motions for decades and is successful in a high percentage of cases. An attorney, possibly one of our several former prosecutors, is available to assist you immediately. We represent individuals arrested and held pending release on bail throughout this region including in Readington, Raritan, Bridgewater, Franklin and Hillsborough. Call us at 908-722-1011 to speak to a lawyer immediately.
Filing A Bail Reduction Motion in Somerville NJ
If an individual is unable to post or there is some other reason for review of the initial terms, a defendant can request reconsideration of the bail. The way this is accomplished is by filing a bail motion with the Criminal Division of the Somerset County Superior Court. In accordance with Court Rule 3:26-2, the court is required to hear the motion within seven (7) days of its being filed provided it is the first motion of this nature on the case. In this proceeding, your attorney has the opportunity to argue your side, something that is typically missing up to this stage of a case. Another major advantage of a bail motion is to establish a more complete record than the limited facts that are available to a judge at the time of initial bail. The court can reduce the bail, modify restrictions or conditions, or do nothing with respect to its terms. If the amount set by the court is so high that there is virtually no chance of the defendant securing bail, the situation is tantamount to a denial of bail. It is important to keep in mind, however, that the test for determining the reasonableness of bail is not defendant’s capability to post the amount but rather whether the sum is reasonably necessary to insure attendance in all proceedings.
Flemington NJ Bail Reduction Lawyer
If your loved one is in custody in the Hunterdon County Jail and has been unable to post bail, we are here to assist you. The same is the case if incarceration is at the Somerset County Jail in Somerville. Our attorneys have over 100 years of combined experience defending criminal offenses and obtaining bail. A lawyer on our team can assist you in modifying the bail presently in place. To discuss a reduction or another change, call our Bridgewater NJ Criminal Office at 908-722-1011.
