New Jersey Order Setting Bond
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How to fill out Order Setting Bond?
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FAQ
Under the new risk-based system, access to money will no longer determine pretrial detainment. Defendants with a serious risk of danger or flight can be detained pending trial. Low-risk defendants who can't afford bail will be released.
In this paper, we look at bail reform through the lens of New Jersey, the first state to fully implement cash bail reform. Passed in 2014 under Republican Governor Chris Christie, reforms went into effect in 2017, giving us several years of data to look at.
The bail bond serves as surety that the defendant will appear for trial. Judges typically have wide latitude in setting bail amounts. Bail bondsmen generally charge 10% of the bail amount up front in return for their service and may charge additional fees. Some states have put a cap of 8% on the amount charged.
If you do not post bond, you can be held until your trial is over. How long defendants can be held without bond might vary from case to case, but it could be anywhere from several weeks to months or longer.
Following bipartisan legislation and a constitutional amendment supported by 62% of voters, New Jersey essentially eliminated cash bail and instituted a risk assessment approach in which judges consider community safety and other factors before deciding whether to detain or release someone before trial.
New Jersey Bail and Bond Process For many, this involves securing bail. After the arrest, the suspect is booked and then bail will be set. This must be done within twelve hours after the complaint is issued. The bail amount will be set by a magistrate or judge.
Under the old law, a defendant is released or detained based on their ability to post bail. Under the new law, there is no bail. The New Jersey court looks at whether or not the defendant will appear in court, the community is safe, and whether the defendant will obstruct the criminal justice process.
Eight years ago, then-Republican Gov. Chris Christie teamed up with Democrats to pass a major overhaul of New Jersey's criminal justice system, ushering through legislation that made the state among the first in the nation to effectively eliminate cash bail. There was little political uproar.
