Bail Reform: Monetary Bail

by | Jan 14, 2017 | Blog, Criminal Law, Law Reform and Amendments

Fred Sisto Brick Lawyer“Monetary bail remains an available option under the Bail Reform Law, but only as a last resort when the court finds that release on non-monetary conditions will not reasonably assure the defendant’s appearance in court when required. N.J .S.A. 2A:162-17(c). The law makes clear that monetary bail must not be imposed for the purpose of preventing the defendant’s release. Ibid. Furthermore, the statute provides that monetary bail can be used only to discourage flight; it may not be used to assure the safety of any other person or the community or to assure that the defendant will not obstruct or attempt to obstruct the criminal justice process. Ibid. Thus, if a prosecutor determines in accordance with this Directive that non-monetary conditions will not reasonably assure the protection of the safety of any other person or the community and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, a prosecutor shall not seek imposition of monetary bail, but rather shall seek pretrial detention in accordance with Section 7 of this Directive.

The Bail Reform Law is intended to end New Jersey’s historical reliance upon monetary bail, replacing the current resource-based pretrial release system with a risk-based system. See Section 1.2. There may, however, be cases where monetary bail is authorized and appropriate. In some limited situations, it may be possible to discourage flight by setting monetary bail at an amount that the defendant can afford to post but could not afford to forfeit. To ensure that monetary bail is used only to incentivize a defendant to appear in court and is not sought for the purpose of preventing a defendant’s release, a prosecutor shall not seek imposition of monetary bail without having information to indicate that the defendant has assets that could be used to post the requested amount of monetary bail. A prosecutor shall not seek imposition of monetary bail in an amount that the defendant cannot afford to satisfy.”

There is nothing new about the requirement that monetary bail cannot be used to prevent a defendant’s release. This has been the law in NJ for decades and has routinely been ignored by judges and prosecutors. It will be interesting to see how often pretrial detention hearing are requested and how lengthy and complicated the hearings become. It would seem that routinely conducting testimonial pretrial detention hearings will be a drain on the justice system’s resources which is once again antithetical to the principle purposes of the Bail Reform Law.  Similarly, it will be interesting to see the extent to which pretrial release conditions are challenged and the nature of such hearings, i.e. will they typically be decided with or without testimony. It is expected that prosecutors will fall back on the default position that these are Directives and not binding law in the evet monetary bail is set in an amount that a defendant can not afford.

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
I am very appreciative of all of the time and effort Fred his given to my case. It was a pleasure having him help me. Fred always was there to answer any messages about questions or concerns. If there were any fears i had as as well, Fred is responsive and helped mitigate any anxiety I had regards to your legal matter. In terms of knowledge of the law, he can explain and elaborate everything perfectly in a manner anyone can understand so you aren't caught off guard by anything in your legal situation. Fred as your lawyer allows for transparency which is needed for you as a client because it allows you to properly fathom the situation at hand and allows Fred to help you understand realistic outcomes for your situation. As a client, that is what you want to see from your lawyer so they clearly have your best interests at hand. That is a great attribute Fred has. Lastly, Fred helped me get everything dropped. I would recommend Fred because hes personable, his expertise, his array of legal knowledge, his legal experience and background, and he contains attributes you need in a lawyer to get you the best outcome.
Matthew F
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I don’t drink (alcohol) much I like getting the emails of DUI checkpoints from Fred Sisto so I can avoid the inconvenience. The less contact with law enforcement the better.
Dbaby329
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
My charges were dismissed and he quickly got an expungement for me. He's worth way more than what I paid for. I will always be grateful. He never missed a single call, text or email from me. He also keeps me informed of all checkpoints
Bre D
Google star 1Google star 2Google star 3Google star 4Google star 5
The most important thing an attorney can do for their client is get results in the courtroom. Fred Sisto did this for me, and did so in such a professional and communicative manner that I would absolutely recommend him to anyone in New Jersey who is dealing with criminal charges. Fred was able get results when other attorneys did not. I definitely recommend speaking with him.
Brian C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great attorney, responded very quickly to our emails and calls. The office staff is attentive and knowledgeable as well. Over all a great experience. Highly recommend him.
Alexandra L
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the best! He is extremely professional and kept constant contact so I was always in the loop. My charges got dismissed and I couldn't be happier. Would highly recommend!
Ryan T
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you !
Billy F
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable within every aspect of the law. Highly recommend his talent for your criminal defense.
Will S