If you’ve been arrested in New Jersey, one of the primary concerns that will likely arise is whether you can secure a release from jail while awaiting your trial. Most people are granted the opportunity to post bail, a financial guarantee that ensures their appearance in court for subsequent proceedings. However, if you are unable to afford the designated bail amount, you may be left in a state of uncertainty and fear. During this challenging time, it’s crucial to be aware of your rights and the appropriate legal procedures that govern this process. Please continue reading as we explore your options if you can’t afford bail and how a knowledgeable Bergen County Criminal Defense Attorney can help you work toward a favorable outcome.
What is Bail?
Bail is a legal arrangement made between a criminal defendant and the court. When you pay bail it grants you temporary freedom and serves as a financial guarantee that you will appear for all future court appearances. The amount of bail is set by a judge who considers various factors like the severity of the alleged crime, the defendant’s criminal history, whether they are considered a flight risk, whether releasing the defendant could pose a threat to the community, the likelihood of committing further crimes while released, and more. It’s important to note that the Eighth Amendment of the U.S. Constitution protects individuals from excessive bail. Generally, bail is considered excessive if it’s tighter than what is needed to ensure the court’s interests.
If you appear for all required court appearances and hearings, the money you pledged will be returned to you. However, if you don’t show up, a bench warrant will likely be issued for your arrest. This means the police can apprehend you and you could face additional charges for failing to appear in court. Keep in mind missing even just one date or attempting to flee will result in the court forfeiting your bail money.
What Are My Options if I Can’t Afford Bail?
If you cannot afford to pay the amount of bail that has been set for your temporary release, you have a few options to consider. First, you can stay in jail until your trial or a plea bargain is reached. This is the primary consequence of not being able to post bail. You should note that it could take months or even years to resolve your case, meaning you may remain in jail for a substantial period.
If you don’t want to be detained in jail, you can use a bail bond company that will post bail on your behalf for a fee, usually a percentage of the total bail amount. Keep in mind a bond agent may accept collateral like real estate, cars, jewelry, etc. If this option is not feasible and you believe that your bail was set too high in proportion to the charges against you, you have the right to request a bail reduction hearing.
If you cannot afford bail, our legal team can help you determine the best course of action. At The Law Office of Carl Spector, we are prepared to advocate for your rights and protect your freedom. Connect with our firm for guidance and skilled representation.
