Bail in New Jersey: The Criminal Court System

In New Jersey, once you have been arrested, charged, and processed for a criminal offense, the Judge must set a bail amount which is intended to ensure that you appear in court for your scheduled appearances. There are several types of bail which can be posted which include:

Released on your Own Recognizance (known as “ROR”)

In these cases, usually the defendant has no prior criminal record or a very minimal prior criminal record and the charges against him or her are of a less serious nature. The Judge does not believe the individual poses a significant flight risk or threat to the community, and is released into the community as long as the defendant agrees to appear in court as required.

Cash Bail

The easiest way to post bail and have a person released is to post cash. This payment is made to the court and the defendant is released from jail. If the bail is set at $10,000, the entire amount must be posted with the court for the defendant to be released. If the bail is set at $10,000 with a 10% option, you only need to post $1,000 with the court and the defendant will be released from jail. Remember, this cash will be tied up until the end of the court case but will be fully refunded to you at the end of the proceeding. However, if the defendant fails to show up for court, the cash bail is forfeited and lost.

Bail Bondsman

Bail Bondsman are typically used when the defendant’s family cannot afford to post the entire bail amount. For example, if the defendant’s bail is set at $100,000 with no 10% option, the entire amount or a property bond in that amount must be posted with the court for the defendant to be released. However, if you use the services of a bail bondsman it will typically cost $10,000 (10% of the bail) which you pay to the bondsman who then posts the $100,000 bail with the court. Remember, this $10,000 is the bondsman’s fee and will not be refunded at the end of the case.

Property Bond

The last type of bail option is to post property with the court to secure the bail amount. Typically, you need a certified appraisal as to the value of the property along with the deed to the property which should be presented to the county clerk in the county in which the defendant is charged. Some counties allow you to provide a copy of the most recent property tax bill to establish the value of the property at issue. Further, for some offenses you must have $20,000 in equity in the home above and beyond the bail amount set by the court. In conclusion, if the defendant fails to appear in court for the case, the State of New Jersey may foreclose on the property at issue.

For immediate assistance or additional information regarding bail in New Jersey call 1-732-845-3203 or e-mail Ray at rraya@rayalaw.com to set up a consultation.

I represent clients who have received a summons or been arrested on a wide variety of criminal offenses, defending them throughout New Jersey.

The Law Offices of Raymond A. Raya, Esq.

Monmouth County Lawyer

Traffic · DUI/DWI · Criminal Defense · Municipal