Bail Jumping (N.J.S.A. 2C:29-7)

Bail Jumping: Under N.J.S.A. 2C:29-7, a person set at liberty by court order, with or without bail, or who has been issued a summons, upon condition that he will subsequently appear at a specified time and place in connection with any offense or violation of law is punishable by a period of incarceration, commits an offense if, without a lawful excuse, he fails to appear at that time and place. 

Defense to Bail Jumping: It is an affirmative defense for the defendant to prove, by a preponderance of the evidence, that he did not knowingly fail to appear.

Grading of Bail Jumping Offenses

3rd Degree Offense: Bail jumping is a 3rd degree offense when the required appearance was to answer to a charge of a crime of the 3rd degree or greater, or for disposition of any such charge and the actor took flight or went into hiding to avoid apprehension, trial, or punishment. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison.

4th Degree Offense: Bail jumping is a 4th degree offense when the required appearance was otherwise to answer to a charge of crime or for disposition of  such charge.

Disorderly Persons Offense / Petty Disorderly Persons Offense: Bail jumping is a disorderly persons offense or a petty disorderly persons offense when the required appearance was to answer a charge for such an offense or for disposition of any such charge. A disorderly persons offense is punishable by up to 6 months in jail. A petty disorderly persons offense is punishable by up to 30 days in jail.

*NOTE:  Bail jumping does not apply to obligations to appear incident to release under suspended sentence or probation or parole.