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Arrest, Booking and Bail

May 07, 2020

bail and booking process njThere are likely many things running through your mind after being arrested. Of course, you are concerned about the legal charges that you are facing. But immediately, you will most likely be concerned about if, and when, you can get out of the jail. Arrest, booking, and bail are just a few of the terms that you will hear if you are ever arrested for a crime. Understanding what each one means and the state’s laws regarding each one is important as you begin to navigate your case.

Arrests in New Jersey

An arrest in New Jersey occurs when an individual is taken into custody by a police officer. The arrest will usually take place after one of the following:

  • The officer witnesses a crime being committed
  • The officer has probable cause that a crime is being, or was, committed
  • There is a warrant for arrest through New Jersey courts

If none of these circumstances were present at the time of the arrest, then the arrest could be considered unlawful.

Booking in New Jersey

Following an arrest, the officer will take the individual to jail. From here, they will go through the booking process. This includes:

  • Documenting the individual’s name and the crime they were arrested for
  • Taking a mugshot
  • Taking the individual’s personal belongings
  • Taking fingerprints
  • Completing a body search
  • Checking the individual’s record

Depending on the details of the arrest, the individual might also undergo additional screening like a health screening or giving a DNA sample. How long this takes can vary, depending on the number of arrested individuals and the specific jailhouse.

Bail Hearing in New Jersey

Once the individual has been officially booked, they will be set for a bail hearing in front of a judge. During the bail hearing procedure, the judge will look at the details of the arrest and the suspected crime and determine whether or not the individual can await their trial at home and if so, how much bail will keep them from running.

The bail hearing will usually lead to one of the following:

  • Denied bail, meaning the individual must wait for trial in jail
  • A release of the individual, usually with a financial bail
  • Release of the individual with specific conditions they must follow on bail

The judge, or magistrate, will look at other factors when making this decision, like:

  • The individual’s criminal record
  • The significance of the charges
  • The individuals’ environment
  • The individuals’ attitude around the charges

These factors will not only determine whether or not the individual is offered bail, but also the amount of bail they must issue.

Determining When to Work With a Criminal Defense Lawyer

Navigating the New Jersey criminal courts can be difficult. When you work with a criminal defense lawyer, not only will you have someone guiding you through each step of the process, but your lawyer can also help you negotiate your legal sentencing. A lawyer might be able to fight for bail or evaluate the details of your arrest to ensure that your arrest was legal.

Contact an Experienced Mount Laurel Criminal Defense Attorney About Your Criminal Charges in New Jersey

Have you been charged with a criminal offense in New Jersey? A criminal conviction can carry with it heavy fines and jail time. That is why it is imperative that you speak with a qualified criminal defense lawyer about your case. The lawyers at the Law Offices of Michele Finizio represent clients charged with criminal offenses in Evesham Township, Mount Laurel, Willingboro, Pemberton, and throughout New Jersey. Call (609) 230-0374 or fill out our confidential online form to schedule a  consultation about your case. We have an office located at 9 E. Main St, Moorestown, NJ 08057.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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