New Jersey changed its approach to bail as part of the reform of New Jersey’s criminal justice system in 2017. The state moved from a system that relied principally on setting monetary bail as a condition of release to a risk-based system that the state says is more objective and fairer to defendants because it does not depend on defendants’ ability to pay cash bail. In most criminal cases, New Jersey courts will either release a defendant on their own recognizance without a requirement to post bail or detain the individual in jail if they are charged with a violent or major crime.
New Jersey has some of the nation’s most strict DUI laws. A conviction of driving while intoxicated (DWI) or driving under the influence (DUI) can cost a first-time DUI offender up to 30 days in jail, a driver’s license suspension for 90 days, loss of driving privileges, and hundreds of dollars in penalties, court costs, and other fees. The penalties for a second DWI offense or subsequent DUI charge are more harsh. A DUI conviction will remain on your record permanently for prospective employers, loan officers, college officials, and others to find in background checks.
To avoid being convicted for DWI/DUI in New Jersey and potentially facing jail time and other penalties in certain cases, you should have an experienced New Jersey defense attorney advocating for you. The legal team at the Law Offices of Jonathan F. Marshall includes DUI defense attorneys who formerly worked as prosecutors and public defenders across New Jersey. Several of our attorneys are certified in the use of the Draeger Alcotest 7110 MKIII-C alcohol breath test instrument and Standardized Field Sobriety Testing used by police across New Jersey. Our DWI defense attorneys know how to identify testing issues that may skew the result and require prosecutors to dismiss your DWI charge.
After a DWI arrest, you should submit to law enforcement sobriety tests but decline to answer questions at the police station until your attorney is present. Contact a DUI defense attorney at the Law Offices of Jonathan F. Marshall as soon as you can. Phone (856) 565-3635 for prompt assistance anywhere in New Jersey.
What is Bail?
Bail is a specified amount of money a defendant pays as a guarantee that after they are released from custody, they will show up for a court date. If the defendant does not return, it triggers the bond obligation and allows the court to keep any money posted as bail. If the defendant appears in court as ordered, the bail is returned to the defendant when their trial is over.
What To Know About Bail for DUI in New Jersey?
In most cases, a driver facing DUI charges in New Jersey will not be required to post bail. A bail bond is no longer required to be released from jail in New Jersey after being charged with DUI/DWI or other traffic offenses unless aggravating factors exist.
Under a major reform of New Jersey’s criminal justice system, a judge assesses the level of risk each defendant presents if released prior to trial. That includes the risk of the individual not appearing in court, the risk they pose to the community, and the risk of them obstructing justice by tampering with witnesses in their case. Judges are to impose conditions of release using an objective risk-assessment tool that the state says has been validated with data from thousands of actual New Jersey cases.
If you are arrested for DUI/DWI, you should be brought before a pre-trial detention hearing within 48 hours of your DUI arrest unless there are extenuating circumstances, and the prosecutor has filed a motion to have you kept in jail pending trial.
If the prosecutor files a motion for pre-trial detention before your first appearance, then your first appearance will be scheduled for up to an additional three business days later. For example, if a defendant allegedly led police on a lengthy high-speed chase, causing significant property damage before being arrested for DWI, or committed a traffic offense that injured or killed someone, the local prosecutor might oppose the individual’s release prior to trial as a threat to public safety.
When considering pre-trial release at a first appearance, a judge decides based on the following considerations:
- The defendant’s age. Defendants younger than 22 are considered a greater risk for committing additional offenses if released before trial.
- Whether the defendant was violent when arrested or in committing the alleged DWI. If the defendant purposely hurt someone or attempted to elude the police, it’s more likely they will be held.
- Whether there are other pending charges. If the defendant is already on pre-trial release, this tips the scale toward detention.
- Prior criminal history and whether any of those convictions involved violence or jail time. This points toward detention.
- Prior failures to appear for scheduled court dates within the previous two years.
- Prior jail sentences of 14 days or more.
Once the judge assesses each factor in a pre-trial release hearing, he or she assigns points according to the severity of the risk each poses and makes a decision accordingly. In short, prior criminal charges and involvement with the court that were not resolved in the defendant’s favor increase the likelihood of pre-trial detention when an individual is facing DUI/DWI charges.
Bail Alternatives for DUI Offenses
Under New Jersey’s pre-trial release statute, when determining a defendant’s status, the courts are primarily interested in ensuring:
- The defendant’s presence in court,
- Protection of the public,
- Prevention of obstruction of justice.
The law (N.J.S.A. 2A:162-17. Consideration for pre-trial release) states the order of preference for the type of release granted, and the kinds of conditions that may be imposed. First, the court must order either a release on own recognizance (ROR, release on a promise to appear) or an unsecured appearance bond when doing so would reasonably accomplish the purposes of the pre-trial release statute.
If you face a first DUI offense with a low blood-alcohol concentration (BAC) and there were no aggravating factors such as a car accident or resisting arrest, then the court should grant you ROR or release you on an unsecured appearance bond.
When the court finds that an unsecured bond will not provide adequate assurances of appearance and safety, the court can order release with non-monetary conditions. A judge will advise a DWI defendant that, while awaiting trial, the individual shall not commit any additional offense and that they shall avoid all contact with witnesses who may testify concerning the offense.
The judge can also order a DWI defendant’s release with virtually any condition they find necessary, such as:
- Periodic reporting to pre-trial services.
- Complying with a specified curfew.
- Electronic bracelet monitoring.
- Refraining from the use of alcohol.
- Having an ignition interlock device installed on their car.
- Undergoing an alcoholism assessment.
If the court finds that ROR, unsecured bond, or release with non-monetary conditions will not reasonably accomplish the goals of the pre-trial release law, the court may conduct a bail hearing and set a DUI bond. A requirement to pay bail can only be imposed if the court finds it is necessary to set a DUI bail to ensure the defendant’s appearance at future court dates. You may need to contact a bail bondsman to post bail.
If the court finds that neither of the first three options is appropriate, a combination of monetary and non-monetary conditions may be set.
Have You Been Charged for DUI in New Jersey? Call a DUI Defense Attorney Today
If you have been charged with driving under the influence of alcohol anywhere in New Jersey, a DUI or DWI attorney from the Law Offices of Johnathan F. Marshall can work to obtain the best possible resolution to your DUI case and avoid a DUI conviction if possible. If a DWI conviction cannot be avoided, a defense attorney will seek the most lenient sentence available based on the facts of the case. If contacted promptly, a criminal defense lawyer can work to secure your pre-trial release with as few conditions as possible.
As your DWI defense attorneys, we can obtain a copy of the judge’s risk assessment to be used at your pre-trial release hearing and speak with you and your witnesses prior to your hearing to understand the case against you.
A skilled defense attorney may refute or seek to mitigate any portions of the risk assessment damaging to your case. You can rely on the legal experience of the Law Offices of Jonathan F. Marshall. The attorney who represents you will have in-depth knowledge of New Jersey’s pre-trial release statutes, DWI laws, and U.S. and N.J. Constitutional provisions regarding pre-trial justice. Our DWI defense attorneys will stand with you and fight for your rights.
The attorneys at the Law Offices of Jonathan F. Marshall have decades of successful representation in all facets of criminal defense, including New Jersey DWI/DUI cases and securing pre-trial release for our clients. To speak to one of our lawyers for a free consultation, call 877-540-8301 or reach out online today.
