Paramus Criminal Defense Bail Options Lawyers
Posting Bail in Bergen County, New Jersey
Facing a criminal charge in New Jersey can threaten your reputation, your livelihood, and many other components of your life. Fortunately, you do not need to travel these uncertain waters alone. An experienced criminal defense attorney can serve as your supporter, your defender, and your advocate as you confront what often seems an insurmountable challenge at the outset. The attorneys at The Tormey Law Firm are passionate about what they do and dedicated to turning over every rock and pursuing every possible avenue to achieve the best possible outcomes for their clients. Whether your case involves charges for aggravated assault, marijuana distribution, illegal prescription drug possession, or another offense, we will stop at nothing to obtain a successful resolution.
If you or a loved one is facing criminal charges in New Jersey, our lawyers will employ their extensive knowledge of the law, solid connections, deft negotiation skills, and zealous advocacy to help you overcome the allegations against you. Contact our Hackensack offices anytime at (201)-330-4979 to receive a free consultation.
Bail Options in New Jersey Criminal Cases
There are several potential bail options in New Jersey, depending on the type of bail set. They include:
One type of bail option is to utilize a bail bondsman. Bail bondsmen are typically used when the defendant or the defendant’s family cannot afford to post the entire bail amount set by the court. For example, if the judge sets the bail at $200,000.00 with no 10% option, the entire amount or property bond in that amount must be posted with the court in order for the defendant to be released. However, when using the services of a bail bondsman, it will typically cost 10% of the bail set by the court (in this example, $20,000.00). The bondsman will then post the $200,000.00 bail with the court and the defendant will be released. The defendant must keep in mind that the 10% fee ($20,000.00) paid to the bondsman will not be refunded at the end of the case. As such, it is often wise to hire an attorney first to file a bail reduction motion. This way, the bail can be reduced before paying to the a bondsman a significant fee which will not be returned.
The most convenient way to post bail is by making cash payment to the court to allow the defendant to be released. When the bail is set, the entire amount must be posted with the court in order for the defendant to be released (unless a 10% option is indicated by the court). It is important to remember that you will not be refunded the cash until the end of the case. However, if the defendant fails to appear in court when required, then the cash bail is forfeited and lost. If the defendant makes all of the required appearances and the case is resolved, the cash bail will be refunded to the individual who posted the bail at the end of the case.
Cash Bail (with a 10% option):
In certain circumstances, the judge with set a cash bail with a 10% option. This means that if 10% of the bail is posted with the court, the defendant will be released, pending resolution of the case. As long as the defendant appears as required, the 10% fee will be refunded at the end of the case. For example, if the defendant’s bail is $100,000.00 with a 10% rider, the defendant may post $10,000.00 with the court to be released. This $10,000.00 will be returned at the end of the case as long as the bail is not forfeited based on the defendant’s failure to appear. On the other hand, if the bail is $100,000.00 cash, without a 10% option, the entire bail must be posted for the defendant to be released from jail.
This bail option allows the defendant to post property with the court to secure the bail amount. In most cases, the county clerk in the county in which the defendant was charged requires you to present the deed to the property and a certified appraisal as to the value of the property. In some cases, the county clerk will allow you to provide a copy of the most recent property tax bill in order to establish the value of the property posted for bail. In addition, for more serious offenses, you must have $20,000.00 in equity in the home above the bail amount set by the court. If the defendant fails to appear in court when required, the State of New Jersey may foreclose on the property posted for bail. Remember, the property bond is based on the equity you have in the home, not the value of the home. You must have enough equity in the house to cover the bail for the property bond to be sufficient.
Released on Your Own Recognizance:
In cases where the defendant has no prior criminal record or a very minimal prior criminal record and the charges are of a less serious nature, the judge releases the defendant as long as it is agreed that the defendant will appear in court when required. The judge will only grant this form of release when the defendant does not pose a serous flight risk and is not a threat to the community.
For additional information on bail options or for help filing a bail reduction motion, contact our experienced criminal defense lawyers anytime at (201)-330-4979. This will be a free consultation.