Cash Bail, Bail Bonds, Property Bonds & ROR
Types of Bail in New Jersey
There are basically four (4) varieties of bail that may be posted: (1) cash bail; (2) surety bond, also referred to as a bail bond; (3) property bond; and (4) release on own recognizance ("ROR"). Irrespective of the type of bail involved, the attorneys at our firm, the Law Offices of Jonathan Marshall, are well equipped to assist you. Our lawyers have been defending cases for over sixty (60) years in NJ and know the ins and outs of New Jersey Bail. If you have questions regarding cash bail, securing a bail bond or Bail Ranges for a Particular Criminal Offense, an attorney here can assist you. We encourage you to consult the information that follows or to give us a call if you would like to learn how we can be of assistance to you.
The posting of a cash deposit with the Court is usually the easiest way to secure the release of someone on bail. The amount of cash posted is equal to the total bail amount when it is "cash only" or ten (10) percent of the bail amount when a 10% rider is placed on bail. While an individual may secure a bail bond for the same sum of ten percent, the amount paid to a bail bondsman is a fee that is never recoverable whereas the 10% posted with the Court is refunded at the conclusion of a case. There are, however, limitations to the 10 percent cash bail program. A suspect arrested and charged with a first degree or second degree crime is ineligible for the 10% option since a Bail Conditions & Restrictions is imposed under N.J.S.A. 2A:162-12. The charges that are barred in this manner are murder, manslaughter, kidnaping, sexual assault, robbery, carjacking, arson, causing or risking widespread injury or damage, burglary, theft by extortion, endangering the welfare of children, resisting arrest, eluding officer, escape, corrupting or influencing a jury, possession of weapons for unlawful purposes, weapons training for illegal activities, and soliciting or recruiting gang members, and possession of CDS with Intent to Distribute.
Bail & Surety Bond
An individual who is ineligible for a ten (10) percent rider on his or her bail, will often resort to a bail or surety bondsman to post bail. Such an individual possesses authority through a surety company to issue a bond that insures that the bail shall be paid if the defendant fails to appear. This is commonly referred to as a bail bond. The cost to secure a bail bond is usually ten (10) percent of the amount of the bail.
An individual may post real estate to secure bail. In other words, a person's home, condominium, commercial property, or other form of real property may be pledged to fulfill a bail amount set by the Court. The property must, however, be approved as proper security by the County Clerk where the criminal offense allegedly occurred. While every county clerk has their own local rules, the procedure generally followed is for the surety to present the deed for the real estate at the clerk's office, along with a copy of the most recent property tax bill. The Clerk and County will usually accept the assessed value as reflected on the tax bill for purposes of its serving as collateral. An affidavit is typically accepted as to the amount of any liens, including mortgages, on the property. For First Degree and Second Degree crimes, the equity of the property must exceed the amount of bail by $20,000 in order to be adequate to satisfy bail.
Release on Own Recognizance
The easiest form of bail or, lack thereof, is when an individual is released on his own recognizance. The fact is that there is no bail in this instance and the Court simply releases the defendant based on his or her executing an acknowledgement referred to as a "recognizance" wherein they agree to appear in Court.
Individuals interested in learning more about bail or how our attorneys can help you, please contact us at 1-877-450-8301. One of our lawyers would be happy to provide you with the benefit of their knowledge in handling bail.