What Is Considered Theft of Services?

In simple terms, theft of services occurs when someone uses or receives a service they are expected to pay for but avoids payment intentionally. New Jersey law (N.J.S.A. 2C:20-8) outlines specific examples that fall under this offense, including:

• Leaving a restaurant without paying (commonly known as “dine and dash”)

• Tampering with a utility meter to avoid payment

• Using public transportation without buying a ticket

• Hiring a professional (like a contractor or hair stylist) and refusing to pay after the service is provided

• Streaming cable or internet services through unauthorized connections

The key factor is intent—whether the person knowingly avoided payment or tried to deceive the provider.

Penalties for Theft of Services in New Jersey

The severity of the punishment depends on the value of the services stolen. In New Jersey, theft offenses are graded based on the dollar amount involved:

• Disorderly Persons Offense (less than $200): Up to 6 months in jail and a fine of up to $1,000

• Fourth-Degree Crime ($200–$500): Up to 18 months in prison and fines up to $10,000

• Third-Degree Crime ($500–$75,000): 3–5 years in prison and up to $15,000 in fines

• Second-Degree Crime (over $75,000): 5–10 years in prison and a maximum fine of $150,000

Aside from these penalties, a conviction may also result in a permanent criminal record, which can impact employment, housing, and more.

Defending Against a Theft of Services Charge

Every case is different, and a strong legal defense can make a significant difference. Some common defense strategies include:

• Lack of intent: You must have knowingly intended to avoid payment. If it was an honest mistake or miscommunication, it may not be criminal.

• Dispute over service quality: If the disagreement is about the value or quality of the service, it could be a civil issue—not a criminal one.

• Mistaken identity: In public settings, like restaurants or transit systems, mistaken identity can lead to wrongful accusations.

• No proof of theft: The prosecution must prove beyond a reasonable doubt that the accused acted with criminal intent.

An experienced criminal defense attorney can examine the facts, challenge the evidence, and negotiate with prosecutors to reduce or dismiss charges.

Why You Need a Criminal Defense Attorney

If you’re facing a theft of services charge in New Jersey or surrounding areas, it’s crucial to speak with a criminal defense lawyer right away. These cases can escalate quickly, and having a legal advocate on your side can help protect your rights and future. Your attorney can:

• Review the evidence against you

• Develop a personalized defense strategy

• Represent you in court and during negotiations

• Work to minimize penalties or secure a dismissal

Get Legal Guidance Before It’s Too Late

Facing a theft of services charge can be stressful and confusing, especially if you believe there’s been a misunderstanding or mistake. These charges carry real consequences, from fines and jail time to a lasting criminal record. That’s why it’s essential to take them seriously and understand your legal rights.

If you or someone you know is being investigated or has been charged with theft of services in New Jersey or the surrounding region, consulting with a qualified criminal defense attorney is a crucial next step. A knowledgeable lawyer can review your case, explain your options, and help you navigate the legal process with confidence.

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Remain Calm and Avoid Making Any Statements

When confronted with a shoplifting charge, your initial reaction might be panic or defensiveness. However, it’s crucial to remain calm and avoid making any impulsive statements to law enforcement or store security. Anything you say can potentially be used against you in court, even if you’re simply trying to explain or defend yourself. Instead of offering an explanation or admitting guilt, politely assert your right to remain silent until you can speak with a lawyer.

Cooperate Without Admitting Guilt

If you’re detained by store security, cooperate with their requests, but refrain from admitting any wrongdoing. Security personnel may attempt to get you to admit to the theft or sign a statement. This can weaken your legal defense later. Keep in mind that you are not obligated to sign any documents or make any statements without first consulting a lawyer. While cooperating with authorities is essential to avoid escalation, your rights remain intact throughout the process.

Contact a Criminal Defense Attorney

One of the most important steps after being charged with shoplifting is contacting a criminal defense attorney as soon as possible. A lawyer who specializes in criminal law can review your case, explain your rights, and help you understand the possible outcomes. Shoplifting laws vary depending on the jurisdiction, and an experienced attorney can assess the evidence against you and develop a strategy to protect your best interests.

In New Jersey, shoplifting penalties can include fines, community service, and even jail time, especially for repeat offenders or cases involving larger amounts. Your attorney may be able to negotiate reduced charges or explore alternative sentencing options, such as a diversionary program, which can result in the charges being dismissed if completed successfully.

Understand the Charges and Penalties

Shoplifting charges in New Jersey can range from disorderly persons offenses to indictable crimes, depending on the value of the stolen merchandise. Here’s a breakdown of potential penalties based on the value of the stolen goods:

• Less than $200: This is considered a disorderly persons offense, which can result in up to six months in jail and fines up to $1,000.
• Between $200 and $500: This is a fourth-degree crime, punishable by up to 18 months in jail and fines up to $10,000.
• Between $500 and $75,000: This is a third-degree crime, punishable by three to five years in prison and fines up to $15,000.
• More than $75,000: This is a second-degree crime, punishable by five to ten years in prison and fines up to $150,000.

Understanding the severity of the theft charge you’re facing is essential to determining your next steps. A criminal defense lawyer can help break down the details and explain the potential penalties specific to your case.

Explore Potential Defenses

There are several defenses that can be raised in a shoplifting case, depending on the circumstances. Common defenses include:

• Lack of intent: Shoplifting requires intent to deprive the store of the merchandise. If you accidentally took an item without realizing it, your lawyer may argue that you did not have the intent to steal.
• Mistaken identity: In busy stores, it’s possible for a mix-up or misidentification to occur. If you were wrongfully accused, your lawyer may be able to present evidence that shows you were not involved in the theft.
• Violation of rights: If your rights were violated during the arrest or detention, such as improper search and seizure, your lawyer could use this to challenge the evidence against you.

Prepare for Court

If your case goes to trial, it’s crucial to be well-prepared. Your attorney will help you build a strong defense and guide you through the process. Be sure to gather any evidence that could help your case, such as receipts, witness statements, or surveillance footage, and always be honest with your attorney. They can only help you if they have all the information.

Final Thoughts

Being charged with shoplifting is a serious matter, but it doesn’t have to define your future. By remaining calm, seeking legal advice, and understanding the charges and penalties, you can work toward the best possible outcome. Whether through negotiating reduced charges, entering a diversion program, or fighting the charges in court, a skilled criminal defense attorney will be your strongest ally throughout the process.

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Types of Theft Charges in New Jersey

Let us take a look at the primary types of theft charges you would find in New Jersey.

Theft by Unlawful Taking

The most common theft charge, theft by unlawful taking, involves taking someone else’s property with the intent to deprive them of it permanently. This can be further categorized into movable property (like goods and personal items) and immovable property (such as real estate).

Theft by Deception

This charge occurs when someone obtains property through deceit or lies. For example, if an individual intentionally misleads another person to gain possession of their property, they can be charged with theft by deception. Common scenarios include fraudulent business practices or false claims.

Theft by Extortion

Theft by extortion involves obtaining property through threats or coercion. This could include threats of physical harm, damage to property, or exposing sensitive information unless the victim surrenders property or money.

Theft of Services

In cases where someone obtains services without intending to pay for them, they can be charged with theft of services. This is common in situations involving unpaid hotel bills, restaurant tabs, or utility services.

Shoplifting

Shoplifting is a specific type of theft involving taking merchandise from a retail establishment without paying for it. New Jersey law classifies shoplifting into different degrees based on the value of the stolen goods, with penalties ranging from fines to significant jail time.

Receiving Stolen Property

Receiving stolen property involves knowingly accepting, purchasing, or possessing items that have been stolen. The charge depends on the value of the stolen property and the receiver’s knowledge or belief that the property was stolen.

Theft by Failure to Make Required Disposition of Property

This occurs when someone temporarily entrusted with property fails to return it. For instance, if someone rents equipment and doesn’t return it as agreed, they may face this charge.

Grading of Theft Offenses

In New Jersey, theft offenses are graded based on the value of the stolen property, which significantly influences the severity of the penalties.

Disorderly Persons Offense

If the value of the stolen property is less than $200, the theft is classified as a disorderly persons offense. Penalties can include up to six months in jail and a fine of up to $1,000.

Fourth-Degree Crime

For property valued between $200 and $500, the theft is a fourth-degree crime. Convictions can lead to up to 18 months in prison and fines up to $10,000.

Third-Degree Crime

When the stolen property is valued between $500 and $75,000, the theft is a third-degree crime. Penalties include three to five years in prison and fines up to $15,000.

Second-Degree Crime

Theft of property valued over $75,000 is a second-degree crime. Convictions carry severe penalties, including five to ten years in prison and fines up to $150,000.

Defenses to Theft Charges

Defending against theft charges in New Jersey involves several potential strategies, depending on the specifics of the case:

Lack of Intent

Demonstrating that there was no intent to permanently deprive the owner of the property can be a crucial defense. For example, if the accused believed they had the right to the property, this could negate the intent.

Mistake of Fact

If the accused genuinely believed the property belonged to them, this mistake of fact can be a valid defense. The prosecution must prove that the belief was unreasonable to counter this defense.

Entrapment

In cases where law enforcement induces someone to commit a theft they otherwise wouldn’t have, entrapment can be a defense. The defense must show that the idea and impetus for the crime originated with the police.

Insufficient Evidence

Challenging the prosecution’s evidence can be an effective defense strategy. If the evidence is insufficient to prove the elements of the theft charge beyond a reasonable doubt, the accused may be acquitted.

Consequences of Theft Convictions

Beyond legal penalties, theft convictions in New Jersey carry significant long-term consequences. A criminal record can affect employment opportunities, professional licenses, and personal reputation. Additionally, restitution to the victim may be required, further impacting the financial situation of the convicted individual.

Final Thoughts

Theft charges in New Jersey are complex and varied, each with specific legal requirements and potential defenses. Understanding these charges and the associated penalties is essential for anyone involved in a theft case. If facing theft allegations, consulting with an experienced criminal defense attorney can provide critical guidance and increase the likelihood of a favorable outcome.

The post Understanding Theft Charges in New Jersey – A Comprehensive Guide appeared first on NJ Criminal Defense.

Burglary is the act of committing or attempting to commit a crime inside any building or structure that one does not have permission to access. Although an offender may enter the structure that he or she commits burglary within through force, “breaking in” is not a requirement for an action to be classified as burglary in New Jersey.

N.J.S.A. 2C:18-2 defines three separate scenarios that may be charged as burglary. All contain the element of an offender being inside an off-limits structure or building when he or she commits or attempts to commit a crime.

If the defendant entered any building or structure without permission, he or she may be charged with burglary. If he or she has permission to enter a building or structure as a whole, but is forbidden to enter a specific, secured portion of it, he or she may be charged with burglary if he or she enters the forbidden portion.

If the defendant had permission to enter any building or structure or any secured portion within, but remains inside after his or her permission has expired, he or she may be charged with burglary.

If the defendant enters a portion of utility company-owned property that the public is not permitted to access, she or she may be charged with burglary. This type of property may be marked with signs or fences.

The key to defining a burglary is ascertaining whether the defendant specifically entered a structure with the purpose of committing a crime. The “burglary” portion of a crime is the entry and presence in a forbidden structure; this portion is only valid if another crime, such as theft, is attempted or completed.

In most cases, burglary is charged as a third degree crime. If the defendant is convicted of third degree burglary, he or she faces three to five years in jail and a fine of up to $15,000. Burglary can be charged as a second degree crime under certain circumstances. These circumstances are when the defendant becomes violent or appear to pose a physical threat to his or her victims during the crime. The law states that if the offender is armed, knowingly inflicts or threatens to inflict another person or group of people with bodily harm, or possesses a deadly weapon or explosive at the time the crime is committed, he or she may be charged with a second degree crime. The penalties for a second degree burglary conviction are fines of up to $150,000 and five to ten years in jail.

Second and first degree crimes differ from lower-graded crimes when it comes to the use of jail time as part of a convicted offender’s sentence. First and second degree crimes bear the presumption of incarceration, which means that if the defendant is convicted of the charges against him or her, he or she will most likely have to serve time in prison. In some very rare instances, the judge will not require a person convicted of one of these crime to serve time, but this is extremely unlikely. Disorderly persons offenses, fourth and third degree crimes carry the presumption of non-incarceration, which means that although jail time is possible, it is unlikely to be used, especially for first-time offenders.

Burglary is a serious crime in New Jersey. If you have been accused of burglary and need an experienced criminal defense attorney to help you build and defend your case, call Ron Bar-Nadav at 201-525-1555 today to discuss all your options and legal rights. Don’t wait – when you’re facing a criminal charge, being proactive is key. Call Ron Bar-Nadav today.

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In New Jersey, the terms “DUI” and “DWI” are used interchangeably. Both refer to the charge of operating a boat or motor vehicle while one’s blood alcohol content is .08% or higher.

Blood alcohol content is measured with an electronic device known as a Breathalyzer. If a driver is pulled over on the suspicion that he or she is intoxicated, an officer may administer a Breathalyzer test. The device uses a breath sample to determine the driver’s blood alcohol content. If a driver’s blood alcohol content is higher than the legal limit of .08% for drivers over the age of 21 or .01% for drivers younger than 21, he or she may be charged with a DWI. All licensed New Jersey drivers give consent to the Breathalyzer when they receive their licenses, thus giving what’s known as implied consent if they are ever in a situation where one may be used. Refusing to take the Breathalyzer test will result in a DWI charge equal to that of a driver with a blood alcohol content of .10% or higher. This charge carried a driver’s license suspension of seven months to one year.

A first offense DWI charge’s penalties are determined by the driver’s blood alcohol content at the time of his or her arrest. There are three tiers of penalties for this offense.

If a driver’s blood alcohol content is between .08% and .10%, he or she faces:

Loss of license for three months

12 to 48 hours of drug education through the Intoxicated Drivers Resource Center (IDRC)

Multiple fines and fees

For drivers with .10% blood alcohol or higher,

Loss of license for seven to twelve months

12 to 48 hours of IDRC drug education

Higher fines than those imposed on drivers with .08% blood alcohol content

If the driver is found to have a blood alcohol content of .15% or higher, he or she faces:

An ignition interlock device installed on his or her vehicle

Loss of driver’s license for seven months to one year

Associated DWI fines and fees

Up to 48 hours of IDRC education

A second offense DWI charge carries steeper penalties for a driver. These include a loss of driver’s license for up to two years, up to ninety days in jail, community service, installation of an ignition interlock device, drug education and multiple fines and fees payable to the New Jersey Motor Vehicle Commission and other organizations created to reduce drunk driving violations in New Jersey.

For a third offense DWI to count as a driver’s third, it must occur within ten years of his or her second DWI offense. If it has been more than ten years since a driver’s previous DWI, this offense carries the same penalties as a second offense DWI charge. If it is deemed to be a driver’s third DWI, the driver faces the following penalties:

Suspension of his or her driver’s license for up to ten years

A minimum jail sentence of six months

A $1,000 fine imposed by the New Jersey Motor Vehicle Commission, along with other fees

An ignition interlock device installed on his or her vehicle

Mandatory drug and alcohol education through the IDRC

A person’s blood alcohol content is determined by his or her sex and weight along with the amount of alcohol consumed, the rate at which it’s consumed and the amount of food he or she eats while consuming alcohol. Alcohol is metabolized at a rate of .015% every hour. This is the only way to metabolize alcohol. Consuming coffee, taking a shower or any other method, cannot lower one’s blood alcohol content. Only time can lower it.

If you have been charged with a DWI in New Jersey, call Ron Bar-Nadav to discuss your legal options. His experience with New Jersey’s DWI laws can help you build and fight your case.

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RULE 5:21. Custody, Pretrial Detention

5:21-1. Taking Into Custody, Initial Procedure

A law enforcement officer may take into custody without process a juvenile who the officer has probable cause to believe is delinquent as defined by N.J.S. 2A:4A-23. When a juvenile has been taken into custody for delinquency, a complaint, if not already filed, shall immediately be filed as provided by R. 5:20-1. The taking of a juvenile into custody shall not be construed as an arrest but shall be deemed a measure to protect the health, morals and well-being of the juvenile, and the person taking the juvenile into custody shall immediately notify the juvenile’s parents, guardian or other custodian.

Note: Source-R.R.. (1969) 5:8-2(a) (first and second sentence), (e). Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994.

5:21-2. Release

(a) Pre-hearing Release. Whenever it will not adversely affect the health, safety or welfare of a juvenile, the juvenile shall be released pending disposition to an authorized person or agency upon written assurance that such person or agency shall assume responsibility for the juvenile subject to conditions which may be imposed by the court and shall bring the juvenile before the court at all scheduled hearings or as otherwise ordered. In any event no juvenile shall be placed in detention without the permission of a judge or the court intake service.

(b) Judicial Release. At any time between the filing of the complaint and the disposition, the judge may order the release of any juvenile from detention or shelter care facility and fix the terms of such release pursuant to N.J.S. 2A:4A-34(d).

(c) Release on Own Recognizance. A law enforcement officer may and the judge or court intake officer shall, where appropriate, release the juvenile on his or her own recognizance on terms and conditions prescribed if: (a) The nature of the offense charged is such that the juvenile’s release would not constitute a danger to the community; (b) There is no parent, guardian or other appropriate adult custodian to whom the juvenile could be released and all reasonable measures have been exhausted by either police or court personnel to locate and contact any such person; (c) The juvenile is at least 14 years of age; (d) The identity and address of the juvenile are verified; and (e) Reasonable certainty exists on the part of the releasing authority that upon release, the juvenile will return to school or home safely and will appear at the hearing.

Note: Source-R.R.. (1969) 5:8-2(a) and (d) (third and fourth sentence), R. (1969) 5:8-6(b). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended July 13, 1994 to be effective September 1, 1994.

5:21-3. Detention Hearings

(a) Initial Detention Hearing. If the juvenile has not been released pursuant to R. 5:21-2, an initial hearing to determine whether pretrial detention is required pursuant to the standards of R. 5:21-5 shall be held no later than the morning following the juvenile’s placement in custody, including holidays and weekends. Said hearing shall be on oral or written notice to the juvenile and the juvenile’s parents or guardian, all of whom shall be present at the hearing. The hearing, however, shall not be adjourned if such notice or process fails to produce the attendance of the parents or guardian. If a complaint has not been filed by the time the initial hearing is held, the juvenile shall be immediately released from custody. If the juvenile is not represented by counsel at the initial hearing and if the court determines that the juvenile should be detained, a second detention hearing shall be held within two court days after the initial hearing at which the juvenile shall be represented by assigned or retained counsel or by the Public Defender as the circumstances require.

(b) Probable Cause Hearing. If the juvenile is detained following the initial detention hearing, the court shall conduct a probable cause hearing within two court days after the initial hearing. Where a second detention hearing is required by paragraph (a), it shall be held with the probable cause hearing. If the prosecutor has filed a motion seeking waiver of jurisdiction pursuant to Rule 5:22-2 or indicates an intention to file such a motion, or the court determines based on the circumstances that such a motion is likely, the court shall permit the parties to present evidence regarding the issues of age of the juvenile and other standards for referral which may be addressed at the time of the probable cause hearing. If the court determines that there is no probable cause to believe that the juvenile has committed the conduct alleged in the complaint, the juvenile shall be forthwith released. If probable cause is found, detention review hearings shall be conducted as provided in paragraph (c).

(c) Detention Review Hearing. If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings.

(d) Findings. Whenever the court places a juvenile in detention, it shall state the reasons therefor on the record, giving consideration to the following factors among others:

(1) The nature and circumstances of the offense charged;

(2) The age of the juvenile;

(3) The juvenile’s ties to the community;

(4) The juvenile’s record of prior adjudications, if any; and

(5) The juvenile’s record of appearance or non-appearance at previous court proceedings.

(e) Credit for Time Served. A juvenile shall receive credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition.

Note: Source-R.R.. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (e) amended July 13, 1994 to be effective September 1, 1994.

5:21-4. Place of Detention or Shelter Care

No juvenile shall be placed in detention or shelter care in any place other than that specified by the State Juvenile Justice Commission or Department of Children and Families as provided by law. No juvenile shall be detained or placed in any prison, jail, lockup, or police station. If however, no other facility is reasonably available and if a brief holding is necessary to allow the release of the juvenile to the juvenile’s parent, or guardian, or other suitable person, or approved facility, a juvenile may be held in a police station in a place other than one designed for the detention of prisoners and apart from any adult charged with or convicted of crime. Nor shall a juvenile be placed in a detention facility which has reached its maximum population capacity as determined by the Juvenile Justice Commission.

Note: Source-R.R.. (1969) 5:8-6(a). Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; amended July 16, 2009 to be effective September 1, 2009.

5:21-5. Standards for Detention

(a) Juveniles Over the Age of 11. The court shall only order pretrial detention of a juvenile over the age of 11 if it finds, pursuant to subparagraphs (1) and (2) hereof, either that detention is necessary to secure the presence of the juvenile at the next hearing or that the physical safety of persons or property of the community would be seriously threatened if a juvenile, charged with an offense as hereafter set forth, were not detained.

(1) The necessity of detention to secure the presence of a juvenile at the next hearing may be demonstrated by the juvenile’s record of recent willful failure to appear at juvenile court proceedings or the juvenile’s unauthorized departure from a placement made by the court or the court intake service.

(2) For purposes of this rule a juvenile may be detained to protect the physical safety of persons or property only if the juvenile is charged with an offense which, if committed by an adult, would constitute a crime. If the charge would constitute a repetitive disorderly persons offense, the juveniles shall be detained only if the judge determines that there is a likelihood that upon adjudication of delinquency a custodial disposition will be ordered.

(3) When the criteria for detention are met and the juvenile is charged with an offense which, if committed by an adult, would constitute a disorderly persons or petty disorderly persons offense, the juvenile may be placed in detention temporarily. Police and court intake personnel shall make all reasonable efforts to locate a parent or guardian to accept custody of the juvenile prior to requesting or approving the juvenile’s placement in detention. If, after the initial detention hearing, continued detention is necessary, the juvenile shall not be detained in a secure facility but shall be transferred to a shelter or other non-secure placement.

(b) Juvenile Not Over the Age of 11. The court may order pretrial detention of a juvenile not over the age of 11 only if the juvenile is charged with an offense which, if committed by an adult, would constitute a crime of the first or second degree or arson and provided further that the juvenile otherwise meets either of the detention criteria of paragraph (a) of this rule.

Note: Source-R.R.. (1969) 5:8-6(e). Adopted December 20, 1983, to be effective December 31, 1983; paragraphs (a)(1), (a)(2), and (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a)(1) and (a)(2) amended and paragraph (a)(3) adopted July 10, 1998 to be effective September 1, 1998.

5:21-6. Post-complaint Detention

At any time after the filing of a complaint the court may, after a detention or shelter care hearing and pursuant to these rules, direct that a juvenile be placed in an appropriate facility.

Note: Source-R.R.. (1969) 5:8-6(c). Adopted December 20, 1983, to be effective December 31, 1983.

5:21-7. Adjudicatory Hearing

If a juvenile has been detained the adjudicatory hearing shall be held within 30 days after the date of initial detention. If the adjudicatory hearing is not held within said time, the court shall, within 72 hours after a motion by the juvenile so requesting, fix a date certain for the adjudicatory hearing unless an extension is granted by the court for good cause shown. Written notice of any application for a postponement shall be furnished the juvenile’s counsel, who shall have a right to be heard on the application.

Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983.

5:21-8. Custody and Detention of Material Witness

The judge of the Family Part shall be notified when any juvenile under 18 years of age has been taken into custody or detained as a material witness. The custody and conditions of detention of such juvenile material witness, pending the arraignment and the trial of the adult involved, shall be determined by the court upon notice to the prosecutor and other proper parties. If a juvenile is held in detention as a material witness, the trial for which the juvenile is held shall be brought on with all possible dispatch. The court may, in a proper case, dismiss a complaint for juvenile delinquency and designate the juvenile a material witness. Insofar as applicable, the provisions of R. 5:21 apply to the detention of a juvenile as a material witness.

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New Jersey Bail Factors. Following NJSA Rule 3:26, every non-death row defendant is entitled to bail. However, certain NJ Crimes require a Bail Source. In a NJ Bail Source hearing, the prosecutors and/or the judge will determine whether the funds used to post the cash bail or secure the bail bond was acquired as a result of criminal or unlawful conduct. If it was, that bail may be forfeited to the state. Additionally, if the bail set for the Defendant to to high for the defendant to make, a skilled attorney can always request a Bail Reduction Hearing to get the bail lowered.

The amount of Bail in NJ is typically set by a either a Municipal Court Judge or a Superior Court Judge. Moreover, the judges do not get to arbitrarily decide the bail amount. The legislature has provided specific Bail Guidelines. These Bail Guidelines provide specific monetary ranges which the Judges may properly set the initial bail, without hearing all the evidence in the case. Also, following Rule

In most minor offenses, when a person, also known as a defendant, is charged with a fourth degree felony, a disorderly persons offense or a petty disorderly persons’ offense, that defendant should not be required to post bail exceeding $2,500, unless the Court finds that the person presents a serious threat to physical safety or there are other circumstances which would not reasonably insure the appearance of the person in Court as required. N.J.S.A. 2C:6-1.

In all other cases involving serious crimes, a person is entitled to apply for bail upon arrest and while charges are pending and the Court will consider such application with a view toward ensuring that the defendant will be present in Court as required.

Generally, the Court will consider the following factors in deciding on bail:

1. The seriousness of the crime,

2. defendant’s criminal history;

3. defendant’s reputation in the community;

4. the length of defendant’s residence in the community;

5. defendant’s family ties and relationships;

6. defendant’s employment status and financial condition;

7. the identity of responsible members of the community who would vouch for defendant’s reliability; and

8. any other factors bearing on whether or not the defendant is a risk for failure to appear.

The Court can establish such conditions and restrictions on bail as it deems appropriate in each case.

NJSA RULE 3:26. Bail

3:26-1. Right to Bail Before Conviction

(a) Persons Entitled; Standards for Fixing. All persons, except those charged with crimes punishable by death when the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed, shall be bailable before conviction on such terms as, in the judgment of the court, will ensure their presence in court when required. The factors to be considered in setting bail are: (1) the seriousness of the crime charged against defendant, the apparent likelihood of conviction, and the extent of the punishment prescribed by the Legislature; (2) defendant’s criminal record, if any, and previous record on bail, if any; (3) defendant’s reputation, and mental condition; (4) the length of defendant’s residence in the community; (5) defendant’s family ties and relationships; (6) defendant’s employment status, record of employment, and financial condition; (7) the identity of responsible members of the community who would vouch for defendant’s reliability; (8) any other factors indicating defendant’s mode of life, or ties to the community or bearing on the risk of failure to appear, and, particularly, the general policy against unnecessary sureties and detention. In its discretion the court may order the release of a person on that person’s own recognizance. The court may also impose terms or conditions appropriate to the defendant’s release including conditions necessary to protect persons in the community.

(b) Restrictions on Contact. If the court imposes conditions of bail that include restrictions on contact between the defendant and defendant’s minor child, (1) a copy of the order imposing the restrictions shall be transmitted to the Family Part, and (2) such restrictions shall not affect contact authorized by an order of the Family Part in a child abuse/neglect case entered after any restriction on contact was imposed as part of a bail order.

(c) Crimes with Bail Restrictions Defined in N.J.S.A. 2A:162-12. If a defendant is charged with a crime with bail restrictions as defined in N.J.S.A. 2A:162-12, no later than the time of posting bail or proffering the surety or bail bond, the defendant shall provide to the prosecutor, on the Bail Source Inquiry Questionnaire promulgated by the Attorney General, relevant information about the obligor, indemnifier or person posting cash bail, the security offered, and the source of any money or property used to post the cash bail or secure the surety or bail bond.

(d) On Failure to Indict. If a person committed for a crime punishable by death is not indicted within 3 months after commitment, a judge of the Superior Court, for good cause shown, may admit the person to bail.

(e) On Failure to Move Indictment. If an indictment or accusation is not moved for trial within 6 months after arraignment, a judge of the Superior Court, for cause shown, may discharge the defendant upon the defendant’s own recognizance.

(f) Extradition Proceedings. Where a person has been arrested in any extradition proceeding, that person may be admitted to bail except where that person is charged with a crime punishable by death.

Note: Source-R.R. 3:9-1(a)(b)(c)(d); paragraph (a) amended September 28, 1982 to be effective immediately; paragraphs (a), (b), (c) and (d) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; new paragraph (b) adopted, and former paragraphs (b), (c), and (d) redesignated as paragraphs (c), (d), and (e) June 15, 2007 to be effective September 1, 2007; new paragraph (c) adopted and former paragraphs (c), (d), and (e) redesignated as paragraphs (d), (e), and (f) July 9, 2008 to be effective September 1, 2008.

3:26-2. Authority to Set Bail

(a) Authority to Set Initial Bail. A Superior Court judge may set bail for a person charged with any offense. Bail for any offense except murder, kidnapping, manslaughter, aggravated manslaughter, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, a person arrested in any extradition proceeding or a person arrested under N.J.S.A. 2C:29-9b for violating a restraining order may be set by any other judge, or in the absence of a judge, by a municipal court administrator or deputy court administrator.

(b) Initial Bail Set. Initial bail shall be set pursuant to R. 3:4-1(a) or (b) on indictable or non-indictable offenses.

(c) Review of Initial Set. Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge no later than the next day which is neither a Saturday, Sunday nor a legal holiday.

Except in those indictable cases in which a Superior Court judge has set bail, a municipal court judge has the authority to make bail revisions up to and including the time of the defendant’s first appearance before the court. A municipal court judge has the authority to make bail revisions on any non-indictable offense at any time during the course of the proceedings.

(d) Bail Reductions. A first motion for bail reduction shall be heard by the court no later than seven days after it is filed.

Note: Source-R.R. 3:9-3(a)(b)(c); amended July 24, 1978 to be effective September 11, 1978; amended May 21, 1979 to be effective June 1, 1979; amended August 28, 1979 to be effective September 1, 1979; amended July 26, 1984 to be effective September 10, 1984; caption amended, former text amended and redesignated paragraph (a) and new paragraphs (b), (c) and (d) adopted July 13, 1994 to be effective January 1, 1995; paragraph (b) amended January 5, 1998 to be effective February 1, 1998.

3:26-3. Bail for Witness

(a) Authority to Issue. A Superior Court judge may, on application, conduct proceedings under N.J.S.A. 2C:104-1 et seq. as to any person who can give testimony relevant to the prosecution or defense of a pending indictment, accusation, or complaint for a crime or a criminal investigation before a grand jury.

(b) Application. The application shall be captioned in Superior Court and entitled “In the Matter of (name of person alleged to be a material witness)”. The application shall include a copy of the pending indictment, complaint, or accusation and an affidavit containing: (1) the name and address of the person alleged to be a material witness, (2) a summary of the facts believed to be known by the alleged material witness and the relevance to the criminal action or investigation, (3) the grounds for belief that the person has material and necessary information concerning the pending criminal action or investigation, and (4) the reasons why the alleged material witness is unlikely to respond to a subpoena. If the application requests an arrest warrant, the affidavit shall set forth why immediate arrest is necessary.

(c) Order to Appear. If there is probable cause to support issuance of a material-witness order against the person named in the application, the court may order the person to appear at a hearing to determine whether the person should be adjudged a material witness. The order and a copy of the application shall be served personally on the alleged material witness at least 48 hours before the hearing, unless the judge adjusts the time period for good cause, and shall advise the person of: (1) the time and place of the hearing, and (2) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one.

(d) Warrant for Immediate Detention. If there is clear and convincing evidence that the person will not be available as a witness unless immediately detained, the court may issue an order requiring that the person be brought before the court immediately. If the detention does not take place during regular court hours, the person shall be brought to the emergency-duty Superior Court judge. The judge shall inform the person: (1) the reason for detention, (2) the time and place of the hearing to determine whether the person is a material witness, and (3) that the person has a right to an attorney and to have an attorney appointed if the person cannot afford one. The judge shall set conditions for release, or, if there is clear and convincing evidence that the person will not be available as a witness unless detention is continued, the judge may order the person held until the material-witness hearing, which shall take place as soon as practicable but no later than 48 hours after detention.

(e) Detention Without Prior Court Authorization. Where a law enforcement officer has detained an alleged material witness without prior court authorization, the law enforcement officer shall immediately bring the person before a Superior Court judge. If the detention does not take place during regular court hours, the person shall be brought to the emergent duty Superior Court judge. The judge shall determine whether there is probable cause to believe that the person is a material witness of a crime and, if an indictment, accusation, or complaint for that crime has not issued or if a grand jury has not commenced a criminal investigation of that crime, the judge shall determine whether there is probable cause to believe that, within 48 hours of the detention, an indictment, accusation, or complaint will issue or a grand jury investigation will commence. The judge will then proceed as if an application for an order had been made under paragraph (b).

(f) Material Witness Hearing. At the material-witness hearing, the person shall have the rights: (1) to be represented by an attorney and to have an attorney appointed if the person cannot afford one, (2) to be heard and to present witnesses and evidence, and (3) unless otherwise sealed by the court for exceptional circumstances, to have all of the evidence in support of the application, and (4) to confront and cross-examine witnesses. If there is probable cause to believe that the person possesses information material to the prosecution of a defense of a pending indictment, accusation or complaint for a crime, or a criminal investigation before a grand jury and is unlikely to respond to subpoena, the judge shall: (1) set forth findings of facts on the record, and (2) set the conditions of release of the material witness.

(g) Conditions of Release or Detention. Conditions of release for a material-witness or for a person held on an application for a material-witness order shall be the least restrictive to effect the order of the court including but not limited to: (1) placing the witness in the custody of a designated person or organization agreeing to supervise the person; (2) restricting the travel, association, or place of abode of the person during the period of detention; (3) requiring the person to report; (4) setting bail, or (5) imposing other reasonable restrictions on the material witness. No person may be detained unless the judge finds, by clear and convincing evidence, that detention is the only method that will secure the appearance of the material witness. A person detained as a material witness or pending a material-witness hearing shall be lodged in appropriate quarters and shall not be held in a jail or prison.

(h) Deposition. The prosecutor, defendant, or material witness may apply to the Superior Court for an order directing that a deposition be taken to preserve the witness’s testimony, for use at trial if the witness becomes unavailable, as provided by R. 3:13-2. After a deposition has been taken, the judge shall vacate the material-witness order and impose the least restrictive conditions to secure the appearance of the material witness.

(i) Reconsideration of Material Witness Order. On motion of the material witness, prosecutor, or defendant, a material witness order may be reconsidered at any time by the court that entered the order.

Note: Source-R.R. 3:9-4; first paragraph re-designated paragraph (a) and paragraphs (b), (c) (d), (e), (f) and (g) added July 14, 1992 to be effective September 1, 1992; paragraph (g) amended July 13, 1994 and December 9, 1994, to be effective January 1, 1995; paragraphs (a), (b), (c) and (d) amended, former paragraphs (e), (f), and (g) amended and redesignated as paragraphs (f), (g), and (h), and new paragraphs (e) and (i) adopted July 10, 1998 to be effective September 1, 1998.

3:26-4. Form and Place of Deposit; Location of Real Estate; Record of Recognizances, Discharge and Forfeiture Thereof

(a) Deposit of Bail. A person admitted to bail shall, together with that person’s sureties, sign and execute a recognizance before the person authorized to take bail or, if the defendant is in custody, the person in charge of the place of confinement. The recognizance shall contain the terms set forth in R. 1:13-3(b) and shall be conditioned upon the defendant’s appearance at all stages of the proceedings until final determination of the matter, unless otherwise ordered by the court. One or more sureties may be required. Cash may be accepted, and in proper cases no security need be required. A corporate surety shall be one approved by the Commissioner of Insurance and shall execute the recognizance under its corporate seal, cause the same to be duly acknowledged and shall annex thereto proof of authority of the officers or agents executing the same and of corporate authority and qualification. Bail given in the Superior Court shall be deposited with the Finance Division Manager in the county in which the offense was committed, provided that upon order of the court bail shall be transferred from the county of deposit to the county in which defendant is to be tried. Real estate offered as bail for indictable and non-indictable offenses shall be approved by and deposited with the clerk of the county in which the offense occurred and not with the Municipal Court clerk. In any county, with the approval of the Assignment Judge, a program may be instituted for the deposit in court of cash in the amount of 10 percent of the amount of bail fixed.

(b) Limitation on Individual Surety. Unless the court for good cause otherwise permits, no surety, other than an approved corporate surety, shall enter into a recognizance or undertaking for bail if there remains undischarged any previous recognizance or bail undertaken by that surety.

(c) Real Estate in Other Counties. Real estate owned by a surety located in a county other than the one in which the bail is taken may be accepted, in which case the clerk of the court in which the bail is taken shall forthwith transmit a copy of the recognizance certified by that clerk to the clerk of the county in which the real estate is situated, who shall record it in the same manner as if the recognizance had been taken in that clerk’s county.

(d) Record of Recognizance. The clerk of every court, except the municipal court, before which any recognizance shall be entered into shall record immediately into the Central Automated Bail System (CABS), the names of the persons entering into the recognizance, the amount thereof and the date of its acknowledgment. The Central Automated Bail System shall be kept in the clerk’s office of the county of which such court shall be held, and be open for public inspection. In municipal court proceedings the record of the recognizance shall be entered in the docket book maintained by the clerk.

(e) Record of Discharge; Forfeiture. When any recognizance shall be discharged by court order upon proof of compliance with the conditions thereof or by reason of the judgment in any matter, the clerk of the court shall enter the word “discharged” and the date of discharge at the end of the record of such recognizance. When any recognizance is forfeited, the Finance Division Manager shall enter the word “forfeited”, and the date of forfeiture at the end of the record of such recognizance, and shall give notice of such forfeiture to the county counsel. When real estate of the surety located in a county other than the one in which the bail was taken is affected, the clerk of the court in which such recognizance is given shall forthwith send notice of the discharge or forfeiture and the date thereof to the clerk of the county where such real estate is situated, who shall make the appropriate entry at the end of the record of such recognizance.

(f) Cash Deposit. When a person other than the defendant deposits cash in lieu of bond, the person making the deposit shall file an affidavit or certification concerning the lawful ownership thereof, and on discharge such cash may be returned to the owner named in the affidavit or certification.

(g) Ten Percent Cash Bail. Except in first or second degree cases as set forth in N.J.S.A. 2A:162-12 and unless the order setting bail specifies to the contrary, whenever bail is set pursuant to Rule 3:26-1, bail may be satisfied by the deposit in court of cash in the amount of ten-percent of the amount of bail fixed and defendant’s execution of a recognizance for the remaining ninety percent. No surety shall be required unless the court fixing bail specifically so orders. When cash equal to ten-percent of the bail fixed is deposited pursuant to this Rule, if the cash is owned by someone other than the defendant, the owner shall charge no fee for the deposit other than lawful interest and shall submit an affidavit or certification with the deposit so stating and also listing the names of any other persons for whom the owner has deposited bail. The person making the deposit authorized by this subsection shall file an affidavit or certification concerning the lawful ownership thereof, and on discharge such cash may be returned to the owner named in the affidavit or certification.

Note: Source-R.R. 3:9-5(a)(b)(c)(d)(e)(f)(g). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (g) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (f) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (g) amended February 27, 1995 to be effective immediately; paragraphs (a), (d), (e),(f) and (g) amended June 15, 2007 to be effective September 1, 2007.

3:26-5. Justification of Sureties

Every surety, except an approved corporate surety, shall justify by affidavit and be required to describe therein the property by which the surety proposes to justify and the encumbrances thereon, the number and amount of other recognizances and undertakings for bail entered into by the surety and remaining undischarged, if any, and all the surety’s other liabilities. No recognizance shall be approved unless the surety thereon shall be qualified.

Note: Source-R.R. 3:9-6; amended July 13, 1994 to be effective September 1, 1994.

3:26-6. Forfeiture

(a) Declaration; Notice. Upon breach of a condition of a recognizance, the court on its own motion shall order forfeiture of the bail, and the finance division manager shall forthwith send notice of the forfeiture, by ordinary mail, to county counsel, the defendant, and any surety or insurer, bail agent or agency whose names appear on the bail recognizance. Notice to any insurer, bail agent or agency shall be sent to the address recorded in the Bail Registry maintained by the Clerk of the Superior Court pursuant to R. 1:13-3. The notice shall direct that judgment will be entered as to any outstanding bail absent a written objection seeking to set aside the forfeiture, which must be filed within 75 days of the date of the notice. The notice shall also advise the insurer that if it fails to satisfy a judgment entered pursuant to paragraph (c), and until satisfaction is made, it shall be removed from the Bail Registry and its bail agents and agencies, guarantors, and other persons or entities authorized to administer or manage its bail bond business in this State will have no further authority to act for it, and their names, as acting for the insurer, will be removed from the Bail Registry. In addition the bail agent or agency, guarantor or other person or entity authorized by the insurer to administer or manage its bail bond business in this State who acted in such capacity with respect to the forfeited bond will be precluded, by removal from the Bail Registry, from so acting for any other insurer until the judgment has been satisfied. The court shall not enter judgment until the merits of any objection are determined either on the papers filed or, if the court so orders for good cause, at a hearing. In the absence of objection, judgment shall be entered as provided in paragraph (c), but the court may thereafter remit it, in whole or part, in the interest of justice.

(b) Setting Aside. The court may, either before or after the entry of judgment, direct that an order of forfeiture or judgment be set aside, in whole or in part, if its enforcement is not required in the interest of justice upon such conditions as it imposes.

(c) Enforcement; Remission. In the absence of a motion, when a forfeiture is not set aside or satisfied, the court shall, upon expiration of the 75 days provided for in paragraph (a), summarily enter a judgment of default for any outstanding bail and execution may issue thereon. After entry of such judgment, the court may remit it in whole or in part in the interest of justice. If, following the court’s decision on an objection pursuant to paragraph (a) of this rule, the forfeiture is not set aside or satisfied in whole or part, the court shall enter judgment for any outstanding bail and, in the absence of satisfaction thereof, execution may issue thereon.

Judgments entered pursuant to this rule shall also advise the insurer that if it fails to satisfy a judgment, and until satisfaction is made, it shall be removed from the Bail Registry and its bail agents and agencies, guarantors, and other persons or entities authorized to administer or manage its bail bond business in this State will have no further authority to act for it, and their names, as acting for the insurer, will be removed from the Bail Registry, as provided in paragraph (a). A copy of the judgment entered pursuant to this rule is to be served by ordinary mail to county counsel, and on any surety or any insurer, bail agent or agency named in the judgment. Notice to any insurer, bail agent or agency shall be sent to the address recorded in the Bail Registry. In any contested proceeding, county counsel shall appear on behalf of the government. County counsel shall be responsible for collection of forfeited amounts.

Note: Source-R.R. 3:9-7 (a)(b)(c) (first sentence) (d); paragraphs (a) and (c) amended July 10, 1998 to be effective September 1, 1998; paragraphs (a), (b) and (c) amended July 28, 2004 to be effective September 1, 2004.

3:26-7. Exoneration

When the condition of the recognizance has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the recognizance or by a timely surrender of the defendant into custody.

Note: Source-R.R. 3:9-8.

3:26-8. Bail Sufficiency; Source Hearing

(a) Time and Notice. The State may request either orally or in writing, at any time prior to the commencement of trial, a hearing pursuant to N.J.S.A. 2A:162-13. The request shall be made on notice to the defendant’s counsel, or on notice to the defendant if he or she is unrepresented at the time the request is made.

(b) Request for Hearing. If the State requests a hearing pursuant to N.J.S.A. 2A:162-13 and the defendant is charged with a crime enumerated in paragraph (a) of N.J.S.A. 2A:162-12, the court shall conduct a hearing within the time prescribed by section (c) hereof. If the State requests a hearing pursuant to N.J.S.A. 2A:162-13 and the defendant is not charged with a crime enumerated in paragraph (a) of N.J.S.A. 2A:162-12, the State must demonstrate a reasonable and well grounded basis to warrant an inquiry by the court regarding:

(1) the reliability of the obligor or person posting cash bail, the value and sufficiency of any security offered, the relationship of the obligor or person posting cash bail to the defendant, and the defendant’s interest in ensuring that the bail is not forfeited, or

(2) whether the funds used to post the cash bail or secure the bail bond were acquired as a result of criminal or unlawful conduct.

If the court grants the State’s request for a hearing as to a defendant who is not charged with a crime enumerated in paragraph (a) of N.J.S.A. 2A:162-12, the court shall set forth on the record and in the bail order the reasons for granting the request.

(c) Time of Hearing. The court shall conduct a hearing required or authorized pursuant to N.J.S.A. 2A:162-13 within three (3) business days after bail is posted or proffered if defendant is incarcerated, or within a reasonable period of time after granting the request if the defendant has been released on bail.

(d) Release of Defendant; Failure to Appear. If the defendant has not yet been released when the State requests a hearing for a person charged with a crime enumerated in N.J.S.A. 2A:162-12 or when the court grants a request for a hearing for any other offense, the defendant shall remain in custody until further order of the court. If the defendant has already been released after posting bail, the defendant’s bail status shall be maintained until the completion of the hearing and the defendant will be notified when to appear in court for the hearing. Should the defendant fail to appear for the hearing the bail shall be forfeited and a warrant shall issue for the arrest of the defendant.

(e) Hearing. At the hearing pursuant to N.J.S.A. 2A:162-13, the court may order the examination, under oath or otherwise, of any person who may possess relevant information, and may inquire into any matter appropriate to its determination, including, but not limited to, the following:

(1) The character, background and reputation of the person posting cash bail;

(2) The relationship of the person posting cash bail or securing a bail bond to the defendant;

(3) The source of any money posted as cash bail and whether any such money constitutes the fruits of criminal or unlawful conduct;

(4) The character, background and reputation of any person who has indemnified or agreed to indemnify an obligor on the bond;

(5) The character, background, and reputation of any obligor, or, in the case of a surety bond, the qualifications of the surety and its executing agent;

(6) The source of any money or property deposited by any obligor as security and whether such money or property constitutes the fruits of criminal or unlawful conduct; and

(7) The source of any money or property delivered or agreed to be delivered by any obligor as indemnification on the bond and whether such money or property constitutes the fruits of criminal or unlawful conduct.

(f) Order. At the conclusion of the hearing, the court shall make specific findings of fact and issue an order complying with N.J.S.A. 2A:162-13(b) regarding the person posting or proffering cash bail or serving as obligor on any bond, the sufficiency and value of the security for bail posted or proffered by the defendant, the source of funds used to post cash bail or secure a bail bond and identifying the approved source(s) of bail. The defendant shall not be released from custody unless he or she complies with the conditions of the court’s order. If the defendant has already been released, he or she shall be returned to custody, immediately, and not be released until the conditions of the court order regarding the bail are satisfied.

(g) Nothing herein shall prevent the court from otherwise setting bail, or altering bail on motion therefor, in accordance with the rules of court.

Note: Adopted July 9, 2008 to be effective September 1, 2008.

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Arson is the act of purposely setting fire to another person's property. In New Jersey, arson is an indictable crime. N.J.S.A. 2C:17-1 outlines the degrees of crime that arson can be classified as and their penalties.

If a person is found guilty of failing to control or report a destructive fire, he or she may be charged with a fourth degree crime. Fourth degree crimes are punishable by up to eighteen months in jail.

A fourth degree arson charge is applicable to situations where the fire was lawfully started by the defendant, but then grew out of control while the defendant did nothing to attempt to contain it. It is also applicable to trained professionals, such as firefighters, who are under contract to combat fires if they do not uphold their duties while a fire burns out of control.

• Arson is a third degree crime if a person intentionally starts a fire and the following criteria are met:
• A forest is in danger of damage and/or complete destruction
• The defendant plans to collect insurance money for property damaged in the fire he or she created
• A person other than the defendant is placed at risk of serious injury or death as a result of the fire
• A building or other structure faces potential damage or destruction, including if it is in an attempt to exempt the building or structure from zoning or other codes imposed by the state or town

Third degree crimes are punishable by up to five years in prison, with a minimum of three years in prison.

If a person purposely starts a fire or causes an explosion that:

• He or she knowingly places another person at risk for death or serious injury
• He or she uses as a plan to destroy a building or other structure, whether with or without the intention of exempting it from local or state ordinances
• Will intentionally destroy or damage a forest
• Is part of a plan to collect insurance money for property lost or damaged despite placing another human being at risk for physical harm,

he or she may be found guilty of aggravated arson, which is a second degree crime in New Jersey.

Second degree crimes carry a penalty of five to ten years in prison, with the presumption of incarceration. That means that the judge presiding over the case will likely sentence the defendant to jail time if he or she is convicted of the crime.

Further, any person who pays, accepts payment for or offers to pay for starting a fire or explosion for any of the reasons listed above is guilty of a first degree crime. This includes offenders who directly and indirectly involve themselves with transactions for destructive fires or explosions. A first degree crime is punishable by ten to twenty years in prison, with the presumption of incarceration.

If you are involved with an arson-related criminal lawsuit, contact Ron Bar-Nadav to learn more about your legal options. You need a knowledgeable, competent attorney to help you with your case. Ron Bar-Nadav has extensive knowledge of New Jersey laws and experience working hard for the people of New Jersey. Call 201-525-1555 today to start working on your case with Ron Bar-Nadav.

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