CRIMINAL LAW IN BERGEN AND PASSAIC COUNTIES: BAIL FOFEITURES AND CLAIM FOR ATTORNEY FEES UNDER AN ASSIGNMENT OF BAIL

In January 2008, Angel Barada, absconding from a trial where he was charged with sexually abusing a seven year old girl. He was ultimately featured on "America's Most Wanted." 

Prior to his arrest, his mother posted a $75,000 cash bail. During the prosecution of the case, the mother assigned approximately $38, 000 of the bail money to the two defense attorneys who were representing Barada. After the trial court issued a fugitive's warrant and forfeited his bail, the two lawyers filed a motion to set aside the forfeiture order to allow them to enforce the assignment. The lawyers argued that since it was the public policy of the state to insure that Barada was represented by attorney, it would be better to have the cost of litigation assumed by the defendant's family rather than by the state through the Public Defender's Office. The trial court rejected the argument and denied the application.

The case was ultimately brought to the Appellate Division, where trial court's decision was affirmed. In its opinion, the appellate panel noted that the trial court did not prevent the two attorneys from returning to court for relief if Barada was ultimately located.