Bail Reduction Motions

Bail Reduction Motions

Has a judge set a high bail amount on you or a loved one? The Eighth Amendment to the Constitution says you have the right to reasonable bail. The experienced criminal defense attorneys at Malamut & Associates can help you.

At Malamut & Associates, we understand not everyone can meet the price of bail. Our firm is made up of retired county prosecutors, current municipal court prosecutors, and career defense attorneys. We all collaborate to get our clients the best possible results. We are intimately familiar with bail reduction procedures and guidelines. Judges are human and make mistakes. If you or a family member are being held in jail with an unreasonable bail set, you have legal avenues to reduce it. We recommend that you speak with a highly competent criminal defense attorney before you pay any amount or employ a bail bondsman. We have extensive experience arguing bail motions that have led to significant bail reductions for our clients. Before retaining another law firm, you owe it to yourself to speak to us and see what we can do for you. We understand that good people sometimes make mistakes. A highly competent legal advocate is essential in order to protect your rights.

What is Bail?

Bail is a financial arrangement between the court and a defendant in order to have the defendant released from jail. Bail can come in the form of straight cash or other securities, such as bail bonds. The bail agreement stipulates that the defendant will appear voluntarily for court proceedings. Bail funds are returned when the case is resolved. The consequences of not showing up for court will be forfeiture of the bail, a warrant to be issued for the arrest of the defendant, and ultimately the defendant will be taken back into custody.

New Jersey law holds that bail is intended only to secure scheduled court appearances by the defendant. Going even further, New Jersey law defines what bail is NOT. Bail is NOT protection for the community. Bail is NOT meant to frighten the defendant. Bail is NOT a punishment.[1]

Bail in New Jersey

According to case law and the New Jersey Rules of Court, Courts are required to consider the following, in addition to all other considerations, when deciding where bail should be set.

  • Seriousness of the crime charged against defendant, the apparent likelihood of conviction, and the extent of the punishment prescribed by the Legislature;
  • Defendant’s criminal record, if any, and previous record on bail, if any;
  • Defendant’s reputation, and mental condition;
  • Length of defendant’s residence in the community;
  • Defendant’s family ties and relationships;
  • Defendant’s employment status, record of employment, and financial condition;
  • Identity of responsible members of the community who would vouch for defendant’s reliability; and
  • 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.

New Jersey Court Rule 3:26-1(a)(1)-(8)

New Jersey Judiciary Bail Schedule

The Bail Schedule is set by the State Judiciary. It outlines bail ranges for state judges. While only a suggestion, the Bail Schedule provides defendants and their loved ones realistic expectations.

Why Would I Need an Attorney?

The experienced eye of an attorney can go a long way toward identifying the right strategy when arguing for a reduction in the amount of bail required to release yourself or a loved one from jail. Judges hold a lot of power in the bail process. They do not come to their decisions lightly. Suggesting they made an error in judgement requires nuance and a calculated approach. Retaining a respected and aggressive attorney can mean all of the difference. Malamut & Associates attorneys have successfully argued for reduction of bail in thousands of cases.

[1] State v. Steele, 430 N.J. Super. 24, 35-37 App. Div. 2013

CONTACT US

We offer free consultations in person at our Cherry Hill, NJ office, or we can come to you. All personal injury cases are handled on a contingency basis, meaning that you will not pay any attorney fees at all unless we secure recovery compensation on your behalf. If we are not the appropriate firm to help you, we will offer counsel as to your best options. A representative of the firm can be reached at (856)424-1808, 24 hours a day, 7 days a week, 365 days a year. We look forward to meeting you.