My son was picked up by the police this morning on aggravated assault charges. He also has a criminal mischief charge arising out of the same incident.
I bailed him out on the criminal mischief about a month ago for $500. At the time they did not charge him with assault.
Now the bail has been set at $50,000.00 and I do not have the $5,000.00 to bail him out on the 10% option. He is in the county jail.
Is there a motion that my son can make to reduce the bail. Would an attorney be able to get the bail reduced? How long does it take and what kind of motion would he need to file?
You need to hire a criminal defense attorney. A bond reduction motion and argument are case-specific and there is no guarantee of succes. An attorney with some experience will maximize the chances of a good outcome.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
A motion to reduce the bail needs to be filed. Depending on the seriousness of the charge as well as how stable his home life is, etc. would be the factors the Judge would consider. So if he lives with you, has an attorney etc. there is a chance at reduction because he would not be a flight risk.
A motion (formal request to the judge filed with the court) to reduce the bail would be needed. Since a bail is literally an insurance policy that the court determines what it feels it is comfortable with taking a loss if your son never how up to court, the judge has to be satisfied that your son has little to no reason to no show up in order to lower the bail. These factors the judge would consider include what reason he would have to stay in NJ and face the charges vs. the reasons he would have to run away from the charges. Depending on the county, this would be in front of a judge or determination anywhere from a few days to 2 weeks.
If you cannot wait that long, there are bail bondsmen who will accept less than 10% (but will still charge and expect at some point) as a charge for posting this insurance policy. However, this amount will not be returned, since it is a premium on this insurance policy.
The next problem may then become using money to post the bail or using the money to hire an attorney. Call my office.
More information is needed to determine if a motion would be successful. At 50k it is likely a 3rd degree agg. assault. If it was 2nd there would not be a 10% option. You may be able to cut a deal with a bondsman to post the 50k for less than $5000 but then you do not get back the money. A bail motion in Union County may reduce the amount. Call with more information. You can get a motion heard on Fridays if you file by Tuesday.
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