Vincent C. Scoca Annette Scoca Attorneys at Law

Practice Areas

Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge not later than the next day which is neither a Saturday, Sunday or legal holiday.  A first motion for a reduction of bail shall be held by the Court no later than 7 days after it is filed.

R. 3:26-1(a) provides in relevant part that "{a}ll persons, shall be bailable before conviction on such terms as, in the judgment of the court, will insure their presence in court when required having regard for their background, residence, employment and family status and, particularly, the general policy against unnecessary sureties and detention." These factors are specified in more detail in State v. Johnson 10 as follows: seriousness of the charge; the likelihood of conviction and the extent of punishment; defendant's criminal record, if any, and previous record on bail, if any; defendant's reputation and mental condition; the length of his/her residence in the community; defendant's family ties and relationships; defendant's employment status, record of employment and financial condition; the identity of responsible members of the community vouching for his/her reliability; and any other factors indicating defendant's mode of life, or ties to the community. The likelihood of flight must be considered in light of these factors and bail set accordingly. R. 3:26-2[c]. R. 3:26-2[d]. 61 N.J. 351, 294 A.2d 245 [1972].

3:26-1. Right to Bail Before Conviction

(a) Persons Entitled; Standards for Fixing. All persons, except those charged with crimes punishable by death when the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed, shall be bailable before conviction on such terms as, in the judgment of the court, will ensure their presence in court when required. The factors to be considered in setting bail are: (1) the seriousness of the crime charged against defendant, the apparent likelihood of conviction, and the extent of the punishment prescribed by the Legislature; (2) defendant's criminal record, if any, and previous record on bail, if any; (3) defendant's reputation, and mental condition; (4) the length of defendant's residence in the community; (5) defendant's family ties and relationships; (6) defendant's employment status, record of employment, and financial condition; (7) the identity of responsible members of the community who would vouch for defendant's reliability; (8) any other factors indicating defendant's mode of life, or ties to the community or bearing on the risk of failure to appear, and, particularly, the general policy against unnecessary sureties and detention. In its discretion the court may order the release of a person on that person's own recognizance. The court may also impose terms or conditions appropriate to the defendant's release including conditions necessary to protect persons in the community. (b) On Failure to Indict. If a person committed for a crime punishable by death is not indicted within 3 months after commitment, a judge of the Superior Court, for good cause shown, may admit the person to bail. (c) On Failure to Move Indictment. If an indictment or accusation is not moved for trial within 6 months after arraignment, a judge of the Superior Court, for cause shown, may discharge the defendant upon the defendant's own recognizance. (d) Extradition Proceedings. Where a person has been arrested in any extradition proceeding, that person may be admitted to bail except where that person is charged with a crime punishable by death.

3:26-2. Authority to Set Bail

(a) Authority to Set Initial Bail. A Superior Court judge may set bail for a person charged with any offense. Bail for any offense except murder, kidnapping, manslaughter, aggravated manslaughter, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, a person arrested in any extradition proceeding or a person arrested under N.J.S.A. 2C:29-9b for violating a restraining order may be set by any other judge, or in the absence of a judge, by a municipal court administrator or deputy court administrator. (b) Initial Bail Set. Initial bail shall be set pursuant to R. 3:4-1(a) or (b) on indictable or non-indictable offenses. (c) Review of Initial Set. Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge no later than the next day which is neither a Saturday, Sunday nor a legal holiday. Except in those indictable cases in which a Superior Court judge has set bail, a municipal court judge has the authority to make bail revisions up to and including the time of the defendant's first appearance before the court. A municipal court judge has the authority to make bail revisions on any non-indictable offense at any time during the course of the proceedings. (d) Bail Reductions. A first motion for bail reduction shall be heard by the court no later than seven days after it is filed.

If you or someone you know in New Jersey needs the assistance of an experienced New Jersey Criminal Defense Attorney, call Vincent C. Scoca today at 973-680-1048.

We are available 24/7   nights, weekends and holidays. We accept credit cards.  To schedule a free consultation, call or fill out the contact form located on our website.

<< Back to Practice Areas