The incoming governor of New Jersey has proposed that the state’s no-cash bail system be tweaked, even though she endorsed it as a concept.
Governor-elect Miki Sherrill, who also has served in Congress and served as a federal prosecutor, had during her campaign suggested that there need to be some safeguards in the system to hold people accountable.
Sherrill includes examples of people who might either flee while their case is pending or commit violent acts while awaiting trial. She wanted to be sure that people prone to violence remain in custody and that those who required it received electronic monitoring.
Jack Clattarell, the candidate she defeated in the recent election, criticized the system more harshly and had promised that if he were elected, more people would remain behind bars waiting for their cases to conclude.
New Jersey has used a no-cash system for about a decade.
Instead of requiring defendants to post a bail to get out of custody pending trial, courts evaluate the facts and circumstances and decide whether the defendant will be released and required to follow certain rules or will remain in custody. The system is like the well-established practice of the federal courts.
Proponents say the system reduces jail populations, which in turn saves money. Also, the system ensures that people who would be good candidates for pre-trial released are not held simply because they are too poor to afford bail.
Opponents believe New Jersey’s system allows people effectively to ignore the law without worrying about consequences.
On the other hand, many people facing serious charges under the cash bail system were able to post a bond, frequently by using money they acquired through criminal activity.
A person should advocate for their interests during a pre-trial release hearing
For now, New Jersey’s no-cash system remains in place. However, even the current does not mean everyone gets released before trial.
Someone who is required to stay in jail while their case goes forward may lose both professional and personal opportunities. Moreover, it may make it hard to prepare one’s defense.
Those accused of a crime need to be able to protect their interests during a pre-trial release hearing.