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New Brunswick NJ Bail Jumping Attorneys
Pursuant to N.J.S.A. 2C:29-7, it is unlawful for a person to engage in “bail jumping” in anywhere in Middlesex County. Nonetheless, the overwhelming percentage of these charges are issued in New Brunswick since this is where the county court and prosecutor’s office is located. Individual’s charged in most cases for failing to appear at an arraignment, violation of probation, motion or trial scheduled at the Middlesex County Superior Court. If the non-appearance is unexcused and the defendant is convicted of bail jumping, there are serious penalties that apply. This is good reason for you to contact the New Brunswick NJ Bail Jumping Attorneys at The Law Offices of Jonathan F. Marshall. We are a team of eight defense lawyers that include a former Middlesex County prosecutor and which possesses over a century of experience to invest into your case. To speak to an attorney immediately, call our New Brunswick Office for a free initial consultation at 732-246-7126.
Middlesex County Bail Jumping Charge
The prosecutor has the burden of proof under 2C:29-7 and must demonstrate that the defendant failed to appear without a lawful excuse at a scheduled court hearing. There are four (4) elements that must be proven by the state in order to obtain a conviction for this offense. First, it must be established that the defendant was set at liberty by court order. Second, the defendant failed to appear in court despite the fact that his or her release from custody was conditioned on their appearance in court. Third, the defendant failed to appear at the specified time and place. Fourth, the defendant lacked a lawful excuse for his non-appearance. An individual fails to have a valid excuse (e.g. injury, medical condition, lack of notice, etc.) where they willfully fail to appear. In other words, an individual may only be convicted for bail jumping if they intentionally did not appear.
Grading of Offense. The grade of bail jumping an individual may be charged with hinges on the grading of the underlying offense which the defendant attempted to avoid. If the offense for which the defendant’s presence was required is a third degree or higher, then bail jumping is a third degree crime under 2C:29-7. It is fourth degree crime to flee or intentionally fail to appear on a crime of the same degree. Bail jumping is a disorderly persons offense if the underlying violation is also a DP.
Penalties. An individual is subject to a prison term of 3 to 5 years and fine of up to $15,000 for bail jumping in the third degree. Incarceration can reach eighteen (18) months and a fine of up to $10,000 may be imposed for bail jumping in the fourth degree. A six (6) month jail term may be imposed for disorderly persons bail jumping.
Bail Jumping Warrant Lawyer in New Brunswick New Jersey
If your bail has been revoked and a warrant issued for your arrest based on allegations of bail jumping, you need to retain a capable attorney immediately. This charge is always a felony which subjects you to additional state prison time beyond the original offense you were facing. The lawyers at our firm have the pedigree you need to guard against a negative outcome. A lawyer is available 24/7 to assist you by calling our office.