For those who are unfamiliar to criminal procedure in Somerset County and Hunterdon County, bail can be complicated. A primary source of issues is a lack of knowledge concerning each type of bail that a judge may impose. Our attorneys have prepared this article so that you are educated on this subject. If you or a loved one need assistance posting, reducing or modifying bail, contact our Bridgewater NJ Law Office. A lawyer is available 24/7 by telephone at 908-722-1011.
Cash Only Bail
When bail is set as “cash only” or “full cash”, the defendant may only be released if the full amount is posted in United States Dollars. There is no ability to secure a bail bond or property bond under this circumstance. There is a presumption under N.J.S.A. 2A:162-12(c) that bail be set as “cash only” by the court if the accused: (1) has two other indictable cases pending at the time of arrest; (2) has two prior convictions for a first or second degree crime; (3) has a prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; (4) was on parole when he was arrested; or (5) the offense involves violation of a restraining order where the victim sustained serious bodily injury or where it is the second or more violation of the restraining order by the accused.
Ten (10) Percent Bail
When the court sets bail with a provision for ten (10) percent in Bedminster, Watchung, Green Brook, Somerville or another vicinage, bail is satisfied by posting cash or its equivalent directly with the court. The sum necessary to satisfy the bail is one-tenth of the full bail amount. The bail is recoverable at the conclusion of the case provided the defendant appears at all proceedings.
A bail bond is a document that is issued by a surety company that guarantees payment of the bail should the defendant fail to appear. A bonding company is entitled to charge a ten (10) percent fee for posting a bond. This sum is not recoverable once it is paid unlike deposits made directly with the court on a ten (10) percent bail.
The law also allows for the posting of real property as security for bail. The owner of the real estate must execute a bond pledging the property in the event that the defendant flees and fails to appear on his or her charge. Certain documents must be presented in order to secure a property bond including a report issued by a licensed appraiser that demonstrates a net equity value (i.e. after deduction for any mortgage) that is at least $20,000 higher than the bail amount.
Crimes With Bail Restrictions
New Jersey Law imposes restrictions on how bail may be posted for certain crimes. In this regard, a ten percent bail is unavailable for first and second degree crimes involving murder, manslaughter, kidnapping, sexual assault, robbery, carjacking, arson, burglary, theft by extortion, endangering the welfare of a child, eluding, escaping, jury tampering, possession of a weapon for unlawful purposes, gang crimes and human trafficking. Where one of these offenses is involved, the court may allow bail in the form of cash, bond, or property.
Hunterdon County NJ Bail Attorneys
Whether you were arrested and are in custody in Raritan, Readington, Clinton, Flemington or at the Hunterdon County Jail, our attorneys can help you with bail. There no reason to attempt to secure a bail bond or to use any other form to obtain release without educating yourself regarding the process, particularly when initial consultations with a lawyer at The Law Offices of Jonathan F. Marshall are free. Do not be hasty and wast money when it is unnecessary. For example, we may be able to secure a 10 percent bail thereby negating the need to pay a bail bond fee. The initial bail may also be patently excessive such that thousands can be saved in filing a quick bail motion. The point is that there are many options when it comes to bail and most of them are lost when you jump the gun. An attorney is available now at 908-722-1011 to insure that you do not make a needless misstep.