Freehold NJ Charge For Bail Jumping
The charge of bail jumping can be triggered under two circumstances in Monmouth County. The first way it can arise is if you flee and/or become a fugitive from justice after being released on bail or on your own recognizance. The second way this offense can result is where someone is released from custody with the direction that he or she reappear at a later date and they fail to do so. Bail jumping is almost always a very serious charge as it is not the practice of the Monmouth County Prosecutor’s Office to even file this violation unless it is minimally in the form of a third degree crime. What this translates into is a case where your minimum exposure to incarceration is five (5) years. To make matters even worse, prosecutors nor judges view this offense with favor as it only arises when someone is unwilling to respect their obligation to answer a charge. If you have been charged with bail jumping, our Freehold Office is here to help you. Our team of former prosecutors and skilled criminal lawyers possess over a century of collective experience defending charges in this jurisdiction including those arrested in Freehold, Middletown, Wall, Ocean Township, Long Branch and Keansburg. To speak to an attorney free of charge, call us 24/7 at 732-462-1197.
How Can Someone Be Charged With Bail Jumping?
Pursuant to N.J.S.A. 2C:29-7, the State must show that the defendant failed to appear without lawful excuse. To demonstrate this, the State must prove the four following elements beyond a reasonable doubt:
- That the defendant was set at liberty by court order.
- The defendant failed to appear in court despite the fact that his or her release from custody was conditioned on their appearance in court.
- The defendant failed to appear at the specified time and place.
- The defendant lacked a lawful excuse for his non-appearance.
An individual fails to have a valid excuse where they willfully fail to appear. In other words, an individual may only be convicted for bail jumping if they purposely did not appear. An example of a lawful excuse would be it is impossible for a defendant to appear because he is incarcerated or confined to a hospital.
What Is the Grade for a Bail Jumping Offense?
The grade of bail jumping an individual may be charged with is dependent on the grading of the underlying offense which the defendant attempted to avoid. If the offense for which the defendant’s presence was required is a third degree or higher, it is a third degree bail jumping to violate N.J.S.A. 2C:29-7. It is fourth degree bail jumping to flee or intentionally fail to appear on a crime of the fourth degree. The bail jumping charge is a disorderly persons offense if the underlying violation is also a disorderly person. Lastly, it is a petty disorderly charge for bail jumping where the original charge was a petty disorderly persons offense.
What are the Penalties for Bail Jumping in Monmouth County, NJ?
An individual is subject to three (3) to five (5) years of incarceration and a $15,000 fine for bail jumping in the third degree. Fourth degree bail jumping may lead to eighteen (18) months in jail and a $10,000 fine. Finally, a disorderly persons offense carries a up to six (6) months in prison jail term and a fine of $1,000.
Asbury Park NJ Bail Jumping Attorneys
If you or a loved one are facing charges for bail jumping, then the Law Offices of Marshall, Bonus, Proetta & Oliver is available to provide assistance. Our team of criminal defense attorneys have over 100 years of cumulative experience fighting charges at the Freehold County Courthouse. We know what it takes to successfully defend this offense whether it arose in Keyport, Asbury Park, Eatontown, Red Bank, Neptune or Union Beach. Call our Freehold Office or Red Bank Office at your earliest convenience for a free initial consultation.