According to a recent news article, New Jersey bail bondsmen aren’t too happy with the idea of bail reform. They may be alone. New Jersey’s bail reform law represents good news to many arrested for minor crimes.
To understand the changes in the rules concerning bail, it helps to understand the actual concept of bail. First, you need to know that posting bail can’t help someone after a criminal conviction. Quite the contrary. Bail is a means of obtaining release while a suspect awaits trial. The concept is to provide assurances that the accused won’t run off and avoid showing up in court.
It might sound like a great idea in theory. But, there’s a problem. The focus is on coming up with money. Someone could be accused of a minor crime and not have the funds to post bail. They might not even be a flight risk. And, that’s one of the reasons that New Jersey called for bail reform.
The New Law Concerning Bail Reform
Voters may recall that one of the 2014 ballot questions had to do with bail reform. Even before that election, Governor Chris Christie signed legislation putting new parameters concerning bail. Specifically, the law deals with the considerations for pretrial release.
According to information provided by the New Jersey courts, bail reform will have more of a focus on risk factors when setting monetary bail. This is big news to indigent clients or even those with lesser earnings or savings. What exactly does the new law include? Here are the basics:
Risk assessment tools will be utilized to determine:
- Likelihood of defendant to flee
- Probability that accused will show up at trial
- Chance that the arrested individual will commit a new crime
- Concerns about attempts to intimidate victims or witnesses
Using the risk analysis tools, bail may be set:
- Defendants may be released on their own recognizance
- Accused may be required to meet certain conditions in place of monetary bail
- Some arrests will still constitute the need for monetary or no bail
The new law also places an emphasis in pushing for speedier trials. Obviously, there are benefits in letting those accused of lesser crimes out on bail. They will be able to continue to work. This should assist them in affording experienced legal counsel to pursue a defense.
Have Questions about how Bail Reform Works?
If you or a loved one has been arrested and looking for pretrial release, the Law Offices of Beninato & Matrafaljo would like to provide you with assistance. Contact us to find out how bail reform might help you.
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