Is Bail Possible for Someone Accused of a Violent Offense?

As a free citizen, bail is generally your right, even if you’ve been accused of a violent offense in New Jersey. The court may refuse to offer bail in limited circumstances, such as if the defendant is mentally ill, but even serious crimes with bail restrictions still entitle defendants to post bail. If you’ve been accused of a violent offense in New Jersey, you’re innocent until proven guilty. Contact an experienced Cherry Hill criminal defense attorney immediately to discuss your right to request bail while charges are pending.

NJ Crimes with Bail Restrictions

In New Jersey, certain violent offenses, such as disorderly conduct or simple assault, might support cashless or reduced bail. However, more serious violent offenses have bail restrictions. The term ‘bail restrictions’ is misleading, as it does not mean you’re prevented from posting bail. It means that you must post more secure bail – such as cash, a bail bond, or real property – in certain violent cases. In New Jersey, crimes with bail restrictions include, but are not limited to, the following:

• Murder
• Sexual assault (rape) 
• Domestic violence 
• Manslaughter
• Arson
• Kidnapping
• Robbery
• Burglary
• Carjacking
• Endangering children
• Resisting arrest
• Human trafficking
• Recruiting gang members

Most violent offenses are considered crimes with bail restrictions, but this does not eliminate your right to post bail. The court can only deny bail in very limited circumstances, and judges must justify this denial. If your loved one has been denied bail in NJ, contact an experienced felony defense lawyer.

Offenses with Cash-Only Bail in Cherry Hill

In some cases, the judge may demand that the defendant post full, cash-only bail. This might occur if the defendant has two or more criminal cases pending upon arrest, has two prior serious criminal convictions, or was previously convicted of murder, aggravated manslaughter, aggravated sexual assault, kidnapping, or bail jumping. It might also occur if the defendant is on parole or is accused of violating a domestic violence restraining order. The law regarding cash-only bail is very specific, and judges have discretion in setting bail based on the unique facts of your case. Experienced legal counsel might negotiate fair cash bail even if you do not qualify for cashless bail or a bail bond.

Options for Posting Bail in New Jersey

Depending on the charges, you have multiple options for posting bail on behalf of a loved one. This includes the following:

• Cashless (released without bail based on the judge’s assessment)
• Cash (check or wire transfer)
• Partial bond (typically a 10% cash deposit)
• Bail bond (fee-based private bond)
• Property bond (lien on home, vehicle, or jewelry)

If your violent crime does not have a bail restriction, defense counsel will fight to have you released on your own recognizance (cashless) or for reduced bail. A dedicated criminal defense lawyer might still help offenders charged with serious violent offenses obtain a fair bail bond or post a property bond.

Contact a Cherry Hill Criminal Defense Attorney to Post Bail

The experienced violent crime defense lawyers at The Law Offices of Christopher St. John will provide representation throughout the entire judicial process. This includes helping clients understand their rights and know what to expect next. Do not leave your loved one incarcerated when the law presumes innocence. Connect with one of our experienced legal defense lawyers in Cherry Hill. Contact us online or by phone to schedule your consultation today.