Understanding the Impact of New Jersey’s Bail Reform on Criminal Defense Strategies

Some Information About Cash Bail Reform.

New Jersey judges used to use cash bail to guarantee that you (as the defendant) will return for your trial or hearing. Before, when this occurred, if you could not afford the bail amount, you would be held in jail until your trial. It was also noted that of the 10.5 million people arrested every year, only about 5% were related to violent crimes. Most arrests (over 83%) were for low-level offenses. But because those charged couldn’t afford bail, even those arrested for relatively minor crimes remained in jail. It was also noted that the old bail system traditionally allowed wealthier people who committed violent and non-violent crimes a far better chance to buy their freedom. To many judges, lawyers, and lawmakers, it seemed highly implausible that a person who has money and commits a violent crime is less dangerous than a poor person who commits a non-violent crime.

As a result of the old cash bail system, around 500,000 people yearly are held in local jails simply due to a lack of money; also, they represent no real danger to society. The facts showed that pre-trial detention (incarceration due to a lack of funds) would commonly last months, with an average length between 50 and 250 days. This pre-trail jail time had varied and dire adverse effects on the defendants, such as losing their jobs, their housing, custody of children, adverse effects on mental health, and more.

Lawmakers in New Jersey analyzed the information and determined to reform the system to be fairer and just to all parties. Thus, the New Jersey bail reform laws were born. Additionally, all the data shows that these changes did not increase crime or recidivism. The main thing to note is that if you are charged with a crime, you must have a lawyer who is very familiar with and well-versed in these new bail reform laws; if they are not, and they cannot fit the circumstances of your charges into the new structure, you still could end up in jail.

How Do the Revised Cash Bail Reform Laws Pertain to New Jersey?

New Jersey’s bail reform laws were originally championed by the Governor’s office and passed the State Legislature with significant bipartisan support. The bail reform laws were enacted in 2017, thus eliminating the older cash bail system in favor of a legal process that calculates the risk of recidivism. In the past, the default was cash bail. But now, New Jersey judges consider the risk to community safety and the individual victims when making all pre-trial decisions. If you are found to be a risk to the community, you will stay in jail. New Jersey’s bail reform “risk-assessment” tool considers nine fundamental risk factors. These factors include age, the type of offense, other pending charges, prior misdemeanor and felony convictions, prior violent convictions, prior failure to appear (in two years), previous failure to appear older than two years, and prior sentence to incarceration.

The judge uses the guidelines per the law, and you are assigned a numerical score between 1 and 6. This final “score” will assess your risk of failing to appear, engaging in new criminal activity, and engaging in new violent criminal activity. The prosecutor can use this score to recommend detention. It’s important to note that New Jersey judges can reject detention but cannot detain someone alone. If you are released, the terms of your release could range from wearing an electric monitor to periodic check-ins with court staff, etc. You must understand that this is a complex legal process. Your New Jersey criminal defense lawyer’s negotiating skills, experience with the new laws, and professional guidance will be invaluable in obtaining the best score possible.

What Have Been Some Results of Cash Bail Reform in New Jersey?

Overall, since the inception of New Jersey’s bail reform law, the data has been positive, resulting in the following:

• It lowered the jail population – Since the reform laws’ enactment, the number of people awaiting trial was reduced by over 40%.
• Violent criminals were consistently detained – In 2021, about 80% of defendants in New Jersey jails committed and were charged with serious offenses. Also, 55% of defendants were accused of violent crimes compared to 35% in 2012. This change wasn’t because violent crime increased but due to the shift in focus and detaining violent offenders and releasing non-violent ones.
• Re-arrests during pre-trial release did not increase – The percentage of people charged with a severe offense while on release only increased minimally.
• Court appearance rates increased – After the bail reform laws were instigated, court appearances went from 89% to over 97% in 2020.

The most positive effect was that crime rates didn’t increase after enacting bail reform. So, although the bail reform laws have shown significant overall benefits, you still must have a criminal defense lawyer who is well-versed in working with these laws if you want them to protect your rights and your freedom.

How Does the New Bail Reform Law Affect You As the Defendant?

New Jersey’s bail reform laws became effective on January 1, 2017. This immediately affected the landscape of what occurs in a criminal case. Because of these reforms, a grand jury must indict a defendant within 90 days, and strict limits are set on the time they can spend in custody awaiting a plea or trial. After you, as the defendant, are arrested, if your crime fits into the new statute, the prosecutor can file a motion for a detention hearing, no matter your “score.” Under the old laws, your release or detention was based on your ability to pay for and post bail. Under the new law, bail actually no longer exists.

The New Jersey court considers all the guidelines of the new bail reform laws. It makes a calculated decision (your “score”) on whether you will appear in court, if the community is safe, and whether you may obstruct the criminal justice process. It’s also vital to note that this decision (to release or incarcerate) must be made within 48 hours of your arrest. Furthermore, under the new bail reform laws, you should usually be released on your own recognizance (or “ROR’d”). So, if you have professional representation familiar with the new bail reform laws and your crime fits the guidelines, you have a very good chance of being free. Still, it also doesn’t matter how rich or poor you are. You can’t pay to get out if the prosecutors and judge decide to hold you based on the law’s guidelines. This is why having a qualified, experienced, and aggressive lawyer by your side is mandatory at any detention hearing.

I Have Been Arrested in New Jersey and Need Help; How Should I Proceed?

Although bail no longer exists, the new bail reform law could work against you if you don’t have professional representation, and the court concludes that your “score” is too low or your crime doesn’t fit the law’s guidelines; you do not want this to occur. If your crime doesn’t qualify, or you have a low score, you usually will not be released until your case is finished or you get a chance for another detention hearing. The New Jersey-based Hernandez Law Firm, P.C. has a long and successful history of working with clients facing dire charges and is adept at all the details of the new bail reform laws.

Call them today at 732-582-5076 for a free consultation on your unique case, and know you have truly professional, experienced, and compassionate legal representation who will tirelessly fight for your rights and freedom.