Bail Attorney in Camden County
We Can Help Negotiate Your Bail
Anyone who has been arrested and charged with a crime in New Jersey can be jailed while awaiting their trial. This can be a particularly long and stressful experience due to backlog issues, and it often isn’t even necessary for the individual to be incarcerated at all. With a Camden County bail lawyer like Attorney Jill R. Cohen on your side, you can have your bail scenario negotiated and have your risk level to the local community reassessed.
What Is Bail?
Bail refers to money or other types of security that a defendant provides to the court to be released from jail. Under the reform, this no longer involves a financial cost but instead involves restrictions if one is determined to be safe enough to avoid incarceration.
The Old Bail System
The old bail system for New Jersey was a monetary one that involved setting a bail amount depending on the crime an individual was arrested for. Anyone who could not afford the bail amount 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 public to potential danger. Instead of focusing on law-abiding citizen safety, it was more about making money, which allowed dangerous and wealthy defendants to avoid prison.
The New Reformed Bail System
New Jersey’s new bail system has changed from being more about finances 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 risk to public safety. It also considers how likely someone is to skip their court date – also known as a flight risk.
If the court decides 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 from remaining in public 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.
What Happens after Being Arrested 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, such as required monitoring, limitations on activities you can partake in, and more.
The judge’s decision will depend on the risks you present to the public. It is also important to note that if the pretrial judge decides to detain you without bail, there is a second trial known as a detention hearing. In this hearing, a second judge will decide whether to approve the detainment request.
Pretrial Release Requirements
Should you be detained without bail, new bail reform requires that the trial begins within six months to prevent unreasonable lengths of incarceration.
If you are instead placed on pretrial release, there are a variety of different restrictions that can 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 if you have been charged with a crime involving children)
If a defendant violates the restrictions placed on them, conditional releases can be revoked, and the defendant may be detained without bail.
Schedule a Free Consultation with Attorney Jill Cohen
If you have been unfairly detained and determined to be a risk to your local community, our bail attorney in Camden County can argue your case to help you obtain some freedom while awaiting your trial. No innocent or non-dangerous person should be forced to go through the stressful and tiresome experience of being incarcerated for months while awaiting a trial.
Attorney Jill Cohen can do prison visits to meet with you and discuss your claim. Contact us online or call (856) 351-5115 now.
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