Bail Pending Appeal (Part 2)

by | Jan 26, 2016 | Appeals, Blog, Criminal Law, Legal Procedures

In general, the legitimate concern of the court with regard to setting bail is to ensure that the defendant will appear in court when required. State v. Johnson, 61 N.J. 361 (1972). More specifically, bail pending appeal shall be granted “if it appears that the case involves a substantial question which should be determined by the appellate court and that the safety of any person or of the community will not be seriously threatened if the defendant remains at large.” R.2:9-4.

The same considerations applicable to pre-conviction bail motions are also applicable to motions for bail pending appeal. The applicable case law is as follows.

Our courts embrace a long-standing policy against unnecessary sureties. R. 3:26-l(a). Excessive bail shall not be required. N.J. Const. Art. I, ¶ 12. A number of factors must be considered in fixing a bail figure. State v. Johnson, 61 N.J. 351, 364 (1972).

First to be considered is the seriousness of the crime charged and the apparent likelihood of conviction. Id. Second, courts are to consider the defendant’s criminal record and previous record on bail. Id. at 364-65. Third, courts are to consider the defendant’s reputation and mental condition. Id. at 365. The fourth and fifth considerations are his length of residence in the community and his family ties. The sixth factor to consider is his record of employment. Seventh, courts are to consider the identity of responsible members of the community who would vouch for the defendant’s reliability. The eighth consideration is any other factor indicative of the defendant’s mode of life, ties to the community, or bearing on the risk of failure to appear.

Although those elements should be considered, trial courts should not lose constitutional perspective. The amount of bail should not be excessive — even though the controlling test is not the defendant’s financial capacity. His indigence also requires consideration. An excessive bail requirement should not be utilized as a means of confining the accused until trial. Id. In reaching the amount of bail, the constitutional right to bail and the presumption of innocence cannot be overlooked.

Our Supreme Court recognizes:

“[the] strong indication revealed by studies that an accused who has been detained in jail between his arraignment and the final adjudication of his case is more likely to receive a criminal conviction or jail sentence than an accused who has been free on bail. The correlation between the pre-trial status (jail or bail)and the severity of the sentence after conviction has been described as ‘extraordinary,’ the jailed defendant being two or three times more likely to receive a prison sentence.” Johnson, at 361 n.6.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
I retained Mr. Sisto to assist with a speeding ticket I received on the NJ Turnpike. When we spoke on the phone, he explained my options in a very clear, easy to understand manner. Speaking from experience, Mr. Sisto made a recommendation on how to get the ticket reduced and I agreed. He then contacted the municipal court to set a date for my appearance. On the day of my appearance, Mr. Sisto met me at the courthouse and reviewed what was going to happen. Upon entering the courtroom he sought out the borough attorney and arranged for the ticket to be reduced. We were done in ten minutes. I was just going to pay the ticket and take the two points. I am glad I contacted Mr. Sisto. He really helped me out
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
I love the insight! It helps to keep my kids out of troubel!
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely knowledgeable and so helpful. I would recommend him to anyone. He really goes above and beyond. He cares about his work and his clients.
Kevin M
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
Estoy realmente satisfecho con el excelente trabajo que hizo el abogo en mi caso de DIU. Agradecido por que el caso fue un éxito, ya que además tiene mucho conocimiento en estos casos y no dudo que en otros casos también. Lo recomiendo totalmente.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred will fight for you all the way.
Peter