Woodbridge NJ Bail Lawyers
The lawyers at The Law Offices of Jonathan F. Marshall help clients secure bail throughout Middlesex County including those arrested and charged in East Brunswick, New Brunswick, Woodbridge, and Sayreville. An attorney who is highly experienced in all bail options is available immediately to assist you in our New Brunswick Office by calling 732-246-7126. The initial consultation with our attorneys are always provided free of charge.
How Is Initial Bail Set in Middlesex County NJ?
Once an individual is arrested, charged, and processed for a criminal offense, the Middlesex County Superior Court or municipal court judge with initial contact must set a bail amount. The purpose of setting a bail and requiring that the related amount be posted is to insure that an accused appears in court for all scheduled appearances. The theory is that if the court sets bail at a proper amount, the accused will not risk forfeiture by not appearing on his or her case. When setting bail, a judge in Woodbridge, New Brunswick or elsewhere in the County, has several types of bail or options to choose from:
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 defendant fails to appear on the charges, the bail amount is forfeited. Conversely, the cash bail is refunded if the defendant appears until such time as the case is resolved.
Ten Percent Option
Instead of setting bail at “cash only”, a judge can choose to extend a ten percent option on the bail. What this means is that an individual may be released if ten percent of the full bail is posted with the court. If the individual appears at all proceedings in the case, then the bail is refunded at the conclusion of the matter, same as in the case of cash bail. Forfeiture will occur if the accused defaults and fails to appear.
Bail Bond
Another option is for the court to set bail as bondable. When a bail amount is bondable, it means that a bailbondsman can posted a bail bond instead of posting money or property and, in return, the accused is released from custody. In order to secure a bond, a fee of ten (10) percent is customarily charged. This fee is non-refundable. In addition to paying this fee, the surety on the bond (i.e. the entity insuring the bond) requires that individuals act as guarantors in case the accused fails to appear. The guarantors, as well as the accused, are liable for the bond/bail if the defendant defaults and does not appear.
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.
Bail Attorney in East Brunswick New Jersey
Our Middlesex County Criminal Lawyers serve the entire county of Middlesex utilizing several conveniently located offices. If you are in need of assistance with bail in East Brunswick, we are available to assist you immediately. Contact our East Brunswick Office anytime 24/7 for a comprehensive review of the facts surrounding your arrest and our opinion as to the best course of action to obtaining the lowest and/or least restrictive bail.
