New Jersey Bail Reform Lawyer
Experienced Criminal Attorney Jill R. Cohen Explains the Implications of the Criminal Justice Reform Act in Camden, Gloucester, Burlington, Atlantic, Salem, Mercer, Cape May County, and Throughout NJ
Anyone that has been arrested and charged with a crime in the State of New Jersey can be jailed while awaiting their trial. This can be a particularly long and stressful experience due to backlog issues in Camden County and throughout South Jersey and often isn’t even necessary for the individual to be incarcerated at all. With a quality NJ criminal lawyer like Jill R. Cohen, you can have your bail scenario negotiated and have your risk level to the local community reassessed.
Bail refers to money or other types of security that a defendant provides to the court in order to obtain release from jail. Under the new reforms, this no longer involves a financial cost, but instead involves restrictions if one is determined to be safe enough to avoid incarceration. If you or someone you love is facing serious criminal charges in Cherry Hill, Voorhees, Washington Township, Glassboro, Egg Harbor, or anywhere else in New Jersey, contact NJ criminal lawyer Jill Cohen right away for assistance with bail negotiations and aggressive criminal defense. She will protect your rights and fight for your freedom.
The Old Bail System in Place
The old bail system for New Jersey was a monetary one that involved a bail amount being set depending on the crime an individual had been arrested for. For those who could not afford the bail amount, they could be incarcerated until their trial date regardless of their actual risk to their community. The old system also had a poor process for properly assessing risk which often exposed the New Jersey public to potential danger. Instead of being focused on law-abiding citizen safety, it was more about making money, which allowed dangerous and wealthy individuals to avoid prison.
The New Reformed Bail System in Effect
The new system that has been implemented has changed from being more about financial numbers to involving a risk-based conditional release system. Instead of a monetary value being used, the court now uses a variety of assessments to determine if an individual poses a safety to risk to the public. They also consider the likelihood someone would skip their court date which is also known as being a flight risk. If it is decided that someone does pose a flight risk or danger to society, the individual is instead jailed without bail. This system prevents dangerous, well-off individuals being out before trial and allows those who don’t have a lot of money but aren’t a risk to avoid unfair and long periods of pretrial incarceration.
Procedure Following Arrest in New Jersey
After being arrested and criminally charged, you will have your first court appearance within 48 hours of the arrest and prison detainment. During this appearance, the judge will either request you be detained without bail or will give you pretrial release with a variety of restrictions placed upon you such as required monitoring, what activities you can partake in, etc. What the judge will decide will depend on the risks you present as a criminally charged New Jersey resident. It is also important to note that if the pretrial judge decides to detain without bail, there is a second trial known as a detention hearing in which a second judge decides whether to approve and confirm the detainment request submitted.
Pretrial Release Requirements in South Jersey
Should you be detained without bail, new bail reform requires that the trial begin within 6 months to prevent unreasonable lengths of time being incarcerated. If you are instead placed on pretrial release there are a variety of different restrictions that can legally be placed on you including:
- Required phone, text, or email reminders regarding court dates
- Weekly, bi-weekly, or monthly reporting to a pretrial services officer
- Electronic monitoring of location or sounds
- Home detention
- Prohibitions or restrictions on travel
- Restrictions on certain locations you may visit (such as school zones or parks areas if you are going to trial regarding child crimes)
Should a person violate the restrictions placed on them, conditional releases can be revoked and a criminally charged individual may then instead be detained without bail.
Criminal Defense Attorney Jill Cohen Discusses New Jersey Bail Reform Laws
Under the new bail reform statutes in New Jersey, the initial charge sometimes results in incarceration. That is why it is so important to obtain a criminal defense attorney who has experience with the new bail reform procedures in NJ. I can save you long periods of incarceration in jail while you wait for the resolution of your case. Recently, I was able to negotiate with the prosecutor to have my client, who was charged with several first-degree crimes, released from jail after just one night.
If someone you know has been charged with a crime – even if it will eventually be heard in Municipal Court – it is important to arrange a telephone conversation with me right away. I can make a visit to the jail and immediately start negotiating with the prosecutor. A recent case of mine involved a client facing allegations of aggravated sexual assault. I was able to get those very serious charges dismissed. Many times, the goal is to get felony-level charges reduced to a disorderly persons offense so that they can be taken out of the criminal system and heard in local Municipal Courts. Once the case is in municipal court, because of my familiarity with the Municipal Prosecutors and the system, I am often successful in getting these matters dismissed entirely.
Schedule a Free Consultation with Experienced Bail Defense Attorney in New Jersey
If you have been unfairly detained and determined to be a risk to your local community, quality criminal defense bail attorneys like Jill R. Cohen can argue your case to help you maintain your freedom while awaiting your New Jersey trial. No one innocent or non-violent should be forced to go through the stressful and terrifying experience of being incarcerated for months while awaiting trial. Jill Cohen will do prison visits as well to meet with you and discuss your case. Contact us online to have a skilled New Jersey criminal defense attorney keep you from being behind bars after an arrest today. Jill Cohen represents criminal defendants throughout South Jersey in Camden, Cherry Hill, Gloucester Township, Winslow, Pennsauken, Voorhees, Lindenwold, Haddon Township, Collingswood and Haddonfield.