C. Bail

Immigration status is also considered when the judge sets bail. Factors to be considered in setting the bail generally include such as the length of defendant’s residence, family/community ties, or risk of failure to appear in court. If you are a non-US citizen, who holds nationality in a foreign country besides the USA, the judge may perceive that you have a thinner relationship with New Jersey than US citizens, on average, which can result in a perception of higher risk of escaping to the country of origin. Information of immigration status is now incorporated in various ways in the legal system to detain a non-US citizen for prosecution in court.

If you have questions about bail, contact the New Jersey Criminal attorney Bartholomew Baffuto, Esq. for a consultation.