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Middlesex New Jersey Criminal Defense Attorney
The Law Offices of Jonathan F. Marshall is the largest criminal defense firm in Middlesex County and represents clients charged with illegal gun possession, marijuana distribution, criminal mischief, and aggravated assault throughout the region. If you were arrested in Woodbridge, Old Bridge, Edison, Sayreville, or East Brunswick and need assistance posting bail, a lawyer at our firm is available to assist you immediately. Contact our New Brunswick Office now at (732) 246-7126 for a free consultation.
Criminal Legal Process: Posting Bail
After the defendant has been arrested and formally charged with a criminal offense in New Jersey, a bail must be set. The bail amount is set either by a Superior Court Judge (at the County level) or a Municipal Court Judge (at the Municipal Court level). Depending on the severity of the charge, the bail amount can range anywhere from release on your own recognizance (known as “ROR) to a one or two million dollar bail. The criminal charges, the degree of the offenses charged, and the prior criminal record of the defendant will all significantly impact the amount of bail set by the Judge. Moreover, the Judge may allow a 10% option for bail. This means that, for example, if the bail is set at $100,000.00 with 10%, then the defendant will be released from custody if $10,000.00 is posted with the court. This $10,000.00 will be returned at the end of the case as long as the defendant appears in court as required. However, if the defendant or the defendant’s family utilizes a bail bondsmen to post a bail amount, the 10% fee that you pay to the bail bondsmen will not be returned at the end of the case. As a result, we always advise our clients to post the funds with the court themselves if possible so they can avoid the fee associated with using a bondsmen.
If the bail amount is set higher than the defendant is able to post, a bail reduction motion can be filed. Our office can file a bail motion with the Judge to argue that the bail should be lowered. The defendant’s prior record and the defendant’s connections to the community (such as family, employment, ownership of a home, etc.) will affect the success of the bail motion. If the motion is successful, the bail will be lowered and the defendant may be released if they are able to post the new lowered bail amount with the court.
Contact the experienced attorneys and former prosecutors at The Law Offices of Jonathan F. Marshall with any questions or concerns that you have at (732) 246-7126.
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