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Passaic County Criminal Attorneys

  • Former County & Municipal Prosecutors
  • Over 100 Years of Combined Experience

Bail Procedures

Paterson NJ Bail Reduction Attorneys

Individuals arrested or charged with a criminal offense are often given the opportunity to post bail to avoid remaining in custody at a jail or prison until their court date or trial. Posting bail allows defendants to live at home and work while awaiting trial. In addition, it provides the court with assurance that the defendant will appear in court to address and resolve the criminal charges. The amount that is set as bail in a given case hinges on several factors including the grade of crime involved (i.e. First Degree, Second Degree, Third Degree, Fourth Degree or Disorderly Persons Offense), the prior record of the accused, the connection of the defendant to the community (e.g. how much there is to lose by fleeing the jurisdiction). If the initial bail that is set is too high, our attorneys are overwhelming successful in having it lowered, the type of bail modified and/or limitations removed by filing a bail reduction motion. Our office has been representing clients at bail hearings in the Passaic County Superior Courthouse for over a decade. If you or a loved one has been issued a bail in Wayne, Passaic City, Paterson, Little Falls, Haledon, Prospect Park, Hawthorne or elsewhere in Passaic County, we can help.

Types of Bail in NJ

A judge in Clifton, Wayne or some other municipal court, or at the Passaic County Superior Court in Paterson, has several options in terms of the type of bail that may be set.

  1. Cash Bail: this type of bail may only be secured with the posting of the full cash amount of the bail. An individual cannot utilized a bond to secure release under this scenario.
  2. Bondable Bail: bail may be posted either in cash or through a bail bondsman. The bonding company posts their bond, with the co-signing of the bail by someone other than the accused, and this is acts as the security. A non-refundable 10% fee is typically charged for a bond to be issued.
  3. Ten (10) Percent Bail: while this type of bail also involves a 10% commitment to secure bail, this amount is posted directly to the court as opposed to being a fee payable to the bonding company. The ten (10) percent is refunded and/or released upon the defendant resolving his or her charges.
  4. ROR Bail: this form releases the defendant on his or her own recognizance. No cash, bond or other form of security is required for the accused to be released.

Bail is released by the court after the suspect appears in court or after the trial is over, depending upon the circumstances. If the suspect flees or fails to appear in court, bail or the related bond is forfeited and a warrant is issued for the suspect’s arrest.

Bail Restrictions: The courts in Passaic County may require a defendant charged with a first degree or second degree crime to pay full cash bail because of restrictions set forth under the New Jersey Bail Guidelines. Crimes with bail restrictions include murder, sexual assault, robbery, and eluding police.

Bail Conditions: A judge may impose specific conditions of release in Paterson or elsewhere in the county, such as requiring surrender of the suspect’s passport or prohibiting the suspect from having any contact with an alleged victim.

Here is a list of some of the most common bail related issues that the Law Office of Jonathan F. Marshall represents clients on:

  1. Bail Jumping
  2. Bail Schedule
  3. Bail Reduction Hearings
  4. Bail Modification Hearings

Experienced Bail Lawyers in Paterson NJ

We understand can often be set too high to allow a defendant, his family or friends to obtain his or her release. The experienced lawyers at the Law Offices of Marshall, Bonus, Proetta & Oliver have a long history of helping people in this situation by obtaining bail reduction or eliminating or modifying the type of bail or a condition on bail. Call us at 862-203-4070 or email our office to schedule a free evaluation of your case.

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