Whether a first-time offender will go to jail upon conviction in New Jersey depends on the nature of the charges against them. While up to 90 days of jail time is a possibility for some municipal ordinance violations, judges do not have to order it.
Under the old law, a defendant is released or detained based on their ability to post bail. Under the new law, there is no bail. The New Jersey court looks at whether or not the defendant will appear in court, the community is safe, and whether the defendant will obstruct the criminal justice process.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.