Bail Reduction Hearings 101
If you’ve been accused of a crime in New Jersey and you’re not sure of the next steps, you may be hearing information about a bail reduction hearing or the setting of bail.
You need to request the bail reduction hearing if you believe that the bail assessed in your case is unreasonable.
What Are Your Rights with Bail?
There are constitutional limits on how much bail a court can impose on an individual defendant, which means you may be eligible to initiate a request for bail reduction.
You should never try to go to a bail reduction hearing without the support of an experienced criminal defense attorney. Bail is typically assessed to ensure that you show up for trial.
The amount of bail is usually set as a result of a number of different factors, including:
- Whether or not you pose a risk to the community if you’re released from jail
- Whether the defendant poses a flight risk
- The severity of the alleged crime
The eighth amendment to the constitution, however, protects the rights of the accused by explicitly prohibiting excessive bail.
What is Excessive Bail?
Excessive bail is not clearly defined in the constitution, which can make it hard for defendants to figure out whether or not they have been unfairly assessed bail.
The constitutional protections, as well as the federal statute under the Bail Reform Act, means you may be eligible to request a reduction of bail.
The prosecution can also request that a higher level of bail is set based on the perceived risk that the defendant will flee from the jurisdiction.
Far too many people who have bail assessed in their case do not realize that they can take advantage of a bail reduction hearing and therefore, don’t do the necessary steps to protect themselves by retaining a lawyer.
Get Your Free Consultation With a New Jersey Defense Lawyer
Your attorney should request a bail reduction hearing and be prepared to present this evidence as soon as possible if you intended to fight back against a high level of bail. Schedule a consultation today with criminal defense lawyer John W. Tumelty.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.