What Happens if I Can’t Afford Bail in New Jersey?

If you are arrested in New Jersey one of the first things you will likely wonder about is the opportunity for you to be released from jail while awaiting your trial. In most cases, individuals are given the chance to post bail. But what happens if you can’t afford to pay the bail set by the judge? Being arrested is an extraordinarily stressful situation and the prospect of not having the funds to pay for your release will only add to the uncertainty and fear you are feeling. It is crucial that you understand your rights and the proper legal procedures to ensure you are protected throughout the process. Contact a Bergen County lawyer today to discuss your situation and learn more about your rights and options.

What is Bail?

Bail is essentially an agreement made between the individual who was arrested for a crime and the court. When you pay bail it grants you your temporary release from imprisonment and acts as a financial guarantee that ensures that you will show up for all future court appearances.

After assessing your charges and the details of the prosecution’s case against you, a judge will decide whether or not to grant bail. Based on the severity of your crime, your criminal history, whether you are considered a flight risk, and other factors, the judge will set a numerical amount that you must pay. In exchange, you will get to live at home and free until your trial where you will be found either guilty or not guilty.

If you show up to all required court appearances and hearings, the money you paid in bail will be returned to you. However, if you miss even one date or try to flee, you forfeit the sum.

What Happens if I Can’t Afford Bail in NJ?

If you cannot afford to pay the amount of bail set you have a few options to consider.

1. Bail reduction hearing: If you believe that your bail was set too high in proportion to the charges against you then you have the right to request a bail reduction hearing. Your attorney can present evidence of why a lower bail is more appropriate.
2. Bail bond: If you cannot afford bail you can use a bail bond which is an agreement where a bond agent pays your bail for you so you can be released on the condition that you will either attend all of your hearings and their money will be refunded or that you will pay them back the money you lost them if you do not show up.
3. Remain in jail: Another option is to remain in jail until your trial. This can be frustrating, but if you cannot afford to post bail, the court has the right to keep you detained for 90 days before an indictment. The trial must commence within 180 days of the indictment.

It is also important to note that in New Jersey if you cannot afford bail, you may be released if you are considered a low-risk defendant. Many options are available if you cannot afford bail. Reach out to a skilled attorney for more information and legal advice.