Under New Jersey state law, unlike federal court, a defendant is entitled for the court to set bail. If a defendant is arrested at night or during the weekend, and no bail as been set by the arresting officers, or if it is no-bail warrant, the defendant is entitled to have the emergent bail unit, or emergent 24-hour assigned judge to set bail. The New Jersey Superior Court Judges are guided by the New Jersey Bail Guidlines. Most judges will set bail between the guidelines. Therefore, your New Jersey Criminal Defense must be knowledeable with the guidelines. If the defendant is in this country illegal, or a registered alien, with a prior deportable conviction this might cause additional problems. In some cases the Department of Homeland Security (DHS), will place an immigration detainer on the defendant. This means that even if the defendant makes posts bail on the new charge, he or she will not be released because DHS has a hold on the defendant.
If the defendant is in this country illegal, or a registered alien with a prior deportable conviction, the defendant is usually not entitled to a immigration bail detention hearing pursuant to 8 U.S.C. § 1226(c), However, in the recent case Aguasvivas v. Elwood, one federal district court judge in New Jersey held that if the defendant had a prior conviction and was released than DHS must give that defendant a federal immigration detention bail hearing, pursuant to §1226(a). In that case the judge held that after the defendant was released the DHS should have taken him into custody for deportation proceedings. In other words, pursuant to federal immigration law, once a defendant is convicted of a deportable offense, and released from prison, DHS must take him or her into custody, after he or she is released, or within a resonable time after release. In that case DHS waited 9-years.