Similar to state court judges, federal magistrate judges are responsible for deciding at an initial appearance whether an individual who is charged with a crime will remain in custody or is capable of leaving on a bond. Because pre-trial release requirements can be particularly strict, to navigate these matters, it is often critical to obtain… Read More
Bail
New Jersey Federal Court Limits Constitutional Right to Bail
Understanding Bail Laws In New Jersey In July of 2018, a federal appellate court in New Jersey ruled that criminal defendants do not have a constitutional right that guarantees the choice to pay a cash bail so that they can be released prior to a trial. This decision defies New Jersey’s recent bail reforms, which… Read More
The Constitutional Right to Bail
Bail is an agreement that the court will authorize a person’s release provided that the person promises to follow any conditions listed by the court. If a person fails to satisfy any of the terms of a bond, he or she will be returned to jail to await trial. The Power of the Eighth Amendment… Read More
Release from Imprisonment Pending an Appeal
After a defendant is convicted and sentenced, the worry becomes time spent in imprisonment. What happens when a defendant has a case for an appeal? In some instances, defendants can be released from imprisonment on bail even after they have been convicted and sentenced, while they appeal their convictions. Rules of Detainment The federal rules… Read More