Over twenty years ago, the Appellate Division in New Jersey concluded that the government was not entitled to a bail forfeiture where the defendant’s non-appearance was grounded upon a subsequent lock-up in another county within the state.  The philosophical underpinning of that case was that the government controlled the ability of the defendant to appear in the county complaining about non-appearance and, therefore, a bail forfeiture was not appropriate.  In that  opinion, the court also observed, in passing, that the same rule would not apply if the defendant was incarcerated out-of-state because a foreign state did not have an absolute and unqualified responsibility to return the defendant to New Jersey and, as a result bail could be forfeited.

Twenty years later, another Appellate Division panel revisited the issue and concluded that if a defendant was a fugitive in the state of New Jersey because of an incarceration in another state a full or partial remittance of bail may be available to the surety/bail bonds company.  The core of the court’s decision was the Interstate Agreement on Detainers (IAD), which has been adopted by the Federal government, the District of Columbia and all states  save, Mississippi and Lousianna.  As a result of the result IAD, the court concluded that under most circumstances, a New Jersey defendant detained in out-of-state prison would be extradited back to New Jersey to answer pending charges. 

In closing its opinion, the court also noted that it was “troubled” by the government’s failure to promptly notify the surety /bail bonds company of the defendant’s out-of-state incarceration.  As a result, the surety/bail bonds company was required to spend unnecessary money in its recapture effort.  The court also observed that the failure to provide notice of the defendant’s arrest also deprived the surety/bail bonds company of an early opportunity to avoid bail forfeiture, which is a factor that can influence the  amount of the remittance to be made. 

If you need any assistance in placing a bail bond, I would refer you to Rob Lapinski, one of the principals of Dollar Bail Bond located at 10 East Moonachie Road, Hackensack, New Jersey 07601.  Rob is  earnest and honest.  You can reach him at (201)-373-1400 or visit his website at www.dollarbail.com.