New York CPL § 510.30 lists the factors for a judge to consider when determining bail. These include: (1) The defendant’s character, reputation, habits and mental condition; (2) His employment and financial resources; (3) His family ties and the length of his residence if any in the community; (4) His criminal record if any; (5) His record of previous adjudication as a juvenile delinquent; (6) His previous record if any in responding to court appearances; (7) The weight of the evidence against a defendant in the pending criminal action and any other factor indicating probability or improbability of conviction;
Similarly, New Jersey Court Rule 3:26-1 details the factors to be considered in setting bail, which include the following: (1) The seriousness of the crime charged against defendant, the apparent likelihood of conviction; (2) The defendant's criminal record and previous record on bail; (3) The defendant's reputation, and mental condition; (4) the length of defendant's residence in the community; (5) The defendant's family ties and relationships; (6) The defendant's employment status and financial condition; (7) responsible members of the community who would vouch for defendant's reliability; (8) factors indicating defendant's mode of life or ties to the community.
Additionally, judges in New York and New Jersey can add conditions to bail should they prove necessary to ensure the defendant’s return to court. These can include travel restrictions or a monitoring bracelet. Additionally, should any of the bail factors change during the pendency of the criminal action, either side can request that the bail be modified.
Bail is set early on in the prosecution of a case and can be the difference between a defendant sitting in jail for the duration of the prosecution or living his life as he had prior to the arrest. Therefore, if you or a friend has been arrested, contact a Criminal Defense Attorney to learn how to prepare for the possibility of bail.
Contact us today to set up a free consultation to discuss how we can help you.