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• OVERVIEW OF NEW JERSEY'S MEDICAL MARIJUANA/POT LAW
• CRIMINAL LAWYER IN BERGEN AND PASSAIC COUNTIES: BAIL FORFEITURE AND THE BAIL REMITTITUR GUIDELINES
• CRIMINAL LAWYER IN BERGEN AND PASSAIC COUNTIES: BAIL FORFEITURE AND THE BAIL REMITTUR GUIDELINES
• CRIMINAL LAW IN BERGEN AND PASSAIC COUNTIES: THE DYING DECLARATION EXCEPTION TO THE HEARSAY RULE

The Right to Bail in Jersey: Bail Options and Other Related Issues (2 of 4)

Bail Options

There are a number of options available to a judge charged with the responsibility to establish bail. Some of those options follow.

1. Release On Own Recognizance (R.O.R.)

All bail arrangements require a recognizance of bail which is sometimes called a recognizance bond or simply a recognizance. A recognizance of bail is merely a written contract with the government, where the accused agrees to appear at each stage of the legal process and, failing that, a financial penalty will be imposed in an amount specified in the contract. Many times the accused’s family or friends will also sign a recognizance of bail. The people other than the accused who sign such an agreement are called sureties. A surety is a person or entity that guarantees or “assures” performance (i.e. appearance) and the payment of the debt specified in the recognizance contract if the accused defaults. A surety can be a family member, a friend, or a professional bail bondsman. The surety’s principal and primary debtor or obligor is the accused.

A recognizance contract will also require the accused and the people who sign it to waive or give up certain rights in the event of a forfeiture, including the right to: (a) a jury trial; (b) personal service of the complaint charging a forfeiture; and (c) complain about the jurisdiction where the forfeiture action is filed.


In those cases where the accused is not charged with a serous crime and has strong contacts or “roots” in New Jersey, the judge can release him/her without requiring the deposit of a sum of money as bail with the clerk in the county where the offense occurred by merely signing a recognizance. Thus, the acronym R.O.R. is used to identify a bail arrangement when an accused is released on nothing more than his/her own recognizance.

2. Cash Bail

If a judge will not release an accused on an R.O.R. and decides to fix a monetary bail, the easiest and fastest way to obtain a release from jail is to post cash for the full amount of the bail. This type of transaction is usually settled at the place where the accused is detained.

On many occasions, the accused, even with the help of his family and friends, can not produce the money necessary to cover the bail. In those cases, there are other options available.


3. 10% Cash Alternative;

In those circumstances where an accused is not charged with a first or second degree offense (N.J.S.A. 2A:162-12) and maintains reasonable contacts in New Jersey, the judge may establish a 10% cash alternative bail, which is an arrangement where 10% of the amount of the bail can be posted in cash. The balance of the bail, 90% , will be secured by a recognizance.

If the cash is posted by a person other than the accused, the person posting the cash will have to sign an affidavit or certification attesting to, among other things, that the person is the owner of the money and that no fee or charge has been assessed against the accused. The person posting the money can charge lawful interest, however.



4. Bail Bondsmen

If a 10% cash alternative bail is not available, a bail bondsman who has been approved by the Commissioner of Insurance can post the full amount of the bail. Ordinarily a bail bondsman’s fee will be 10% of the amount of the bail. The fee is non-refundable. In addition, the bail bondsman will require the accused or others to pledge collateral to secure the bail in the event the accused defaults on his/her obligation to appear at each stage of the proceeding before the court. This collateral is usually in the form of real property. A third document that a bondsman will be require is an indemnification agreement. This type of agreement will be signed by the accused and others, as the bondsmen may require. This agreement is a well-integrated contract obliging the people who sign it to repay the bondsman the amount of the bail and other costs or expenses if the accused absconds and the court forfeits the bail. As always, the bondsman and the accused will be required to sign a recognizance of bail with usual terms required by the government.

I have a working relationship with a bail bondsman, trading as Dollar Bail Bonds. I have found the owners of Dollar Bail Bonds honest and earnest in their business responsibilities. You may contact Ron Lapinski at (201) 330-0400. He is an owner of Dollar Bail Bonds.

5. Property in Lieu of a Bail:

Property can be used to secure an accused’s bail. Usually, the property offered to secure the bail is real estate. Unfortunately, the process seems to vary from county to county. Generally, the county clerk will accept the offer of real property as security for bail if the person offering the property can establish ownership and that there is enough equity in the real estate to cover the bail in the event of default by the accused. As a practical matter, a title search should be conducted to establish ownership, as well as the nature and extent of liens on the property. In addition, a recent appraisal should be produced to establish the fair market value. Sometimes, the county clerk will accept the tax bill for the property in order to ascertain the value of the property. In addition, the accused and the person offering the real property must execute a recognizance of bail. Real property offered as a security of bail is a time-consuming and cumbersome process that requires the work of an experienced trial lawyer. It is a lot better alternative than the cost of engaging a bail a bondsman and paying a 10% premium for the bail.

Other assets can be used to secure bail, including bank books and certificates of deposit. This is a little used and often overlooked option that most county clerks are not familiar with and, as a result, he/she may not be disposed to accept these sources but some will after prodding by a good trial lawyer.

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