Bail for Gun Charges in NJ
Weapons Charge Bail Hearing Attorneys Serving all of New Jersey
State prosecutors, most of whom answer to elected officials, fall in line and aggressively enforce the state’s tough gun laws. It can thus be challenging to “make bail,” or obtain pretrial release, if you are facing a gun charge in New Jersey. Here our experienced defense attorneys explain the bail hearing process and what determines if you get out on bail for gun charges in New Jersey. If you or a loved one has an upcoming court date for bail on a firearms offense, we can help. The lawyers on our team represent clients facing gun and weapons charges in courts throughout New Jersey on a weekly basis. Call (201) 614-2474 to discuss your case and get defense help as soon as possible. If you want to make sure you have the best arguments for release at a gun case bail hearing, don’t go to court without securing representation first.
Bail Hearings in New Jersey Gun Cases
Under New Jersey’s new “bail reform” laws, you are not required to post a cash bond to obtain release from prison. Instead, state law requires a court to hold what is called a pretrial detention hearing within 48 hours of your arrest. Courts typically try to hold bail hearings within 24 hours of your arrest. Given that most gun charges are second degree crimes in New Jersey, which is basically the same thing as a serious felony offense, such charges typically result in police keeping you in jail after your arrest until the court holds your detention hearing.
At your bail hearing, New Jersey law presumes that you should be released (an outcome similar to “posting bail” or “making bail” under the state’s old cash bail system) unless you are held on murder or other serious charges that can result in a life sentence. Assuming your gun charge is not tied to a highly dangerous or violent crime, the state must convince the court that no conditions of release can make sure that you return to court for further hearings, keep you from obstructing justice, and/or prevent you from endangering the community if you are released pending trial.
Can I Get Bail for a Gun Charge in NJ?
As you might expect, gun charges can complicate your pretrial detention hearing and make it more difficult to get released from jail as your case proceeds. Prosecutors may argue that because you possessed an illegal gun, you are likely to be a violent person who may pose a threat to the community. Since a gun can clearly be used as a violent weapon, judges are open to the possibility that you intended to use a gun against someone else or for another unlawful purpose.
The prosecutor may also argue that since gun charges are serious indictable offenses with the potential to result in tens of thousands of dollars in fines and years of prison time, you are unlikely to return to court and thus, pose a flight risk. This is common in cases where the person arrested for a gun is from another state and has the ability to leave to return to their home state unless ordered to remain in detention. And prosecutors may also likely argue that your access to illegal weapons and allegedly violent tendencies make it likely that you will obstruct justice (for example, through witness tampering or other similar means) if you are released. Prosecutors are sometimes successful when they bring these arguments, which is why it is absolutely imperative to have a knoweldgeable NJ weapons defense lawyer representing you at your bail hearing and in any proceedings that occur thereafter.
Do I Need a Lawyer for a Weapons Offense Bail Hearing in NJ?
New Jersey courts take gun charges seriously throughout the criminal justice process and you need someone on your side protecting your rights. If you have a hearing about bail in a weapons case, your chance of successfully getting out of jail is infinitely increased by hiring an experienced attorney who has handled gun cases in the past. Our lawyers have been defending clients facing gun charges for years, including at detention hearings. Contact us now at (201) 614-2474 for a free consultation. We can explain and walk you through every phase of the legal process if you have been arrested for a weapons offense in New Jersey.