Every defendant sitting in jail is looking to get out at all costs. However, this rush can be to his or her detriment. The first focus should be on hiring an aggressive sex crimes defense lawyer and budgeting properly for a possible trial. This will leave most families with little to no money to bail out the defendant. Unfortunately, many people are in such a rush to get out of jail that they wind up spending a long time in prison because they have their priorities out of order. After spending a ton of money on a bail bondsman (money that they will never get back), there is no money for a top defense lawyer.
If there is money left over after the lawyer is retained (and then budgeted for properly) the next step is to determine if the bail can be lowered by the lawyer filing a bail motion. Most bails for sex offenses are set very high. Despite the fact that bail guidelines are in place, most judges will point out that these are just guidelines and not rules. Thus, they will usually go above them. Thus, a bail motion could help lower this figure to make it more manageable for the family.
As part of the bail motion, the lawyer will want to address all of the factors that court must consider. The age of the defendant and the lack of criminal record are always important to highlight but don’t expect that to carry the day. Many sex offenders are first time offenders so this will likely not move the judge. Instead, consider character letters and a risk assessment done by an expert that the judge respects. Our team of aggressive sex crimes defense lawyers work with some of the best experts in New Jersey.
Once all of this is assembled into a motion, it could like quite impressive. A quality presentation like this may set your motion apart from the pack and thus result in a lower bail. The defense attorney can also propose a number of bail conditions such as surrendering of passport and a monitoring bracelet to help this go down easier for all parties involved. However, that is not the end of the analysis. When to bail out is just as important as if the defendant should bail out.
Sex crimes investigations in New Jersey take time to develop. There is a good chance that the investigation will continue after the defendant is arrested. Our team of NJ defense lawyers have seen defendants bail out only to be arrested again just a few weeks later as the investigation leads to additional charges. A new bail will then be set and with no additional money, the family has lost the money they put up for bail and the defendant is still sitting in jail with no hope to get out.
If your loved one is sitting in a jail in New Jersey for a sex offense or any other crime, call us to see how our team of NJ Sex Crimes Lawyers can help you.