BAIL HEARINGS
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A person charged with a crime in state court can be released:
- Without bail (on his or her own recognizance)
- On a 10% cash bond
- On a property bail
- By using a bail bondsman (bondable bail)
- On a full cash bail only
The judge takes numerous things into consideration when setting the bail, such as the following:
- The nature of the crime
- The defendant's prior record
- If the defendant is a resident of NJ (Those living out-of-state could face higher bail amounts)
- If the defendant has family members who live in NJ
- If the defendant has missed court before on other charges
Serious crimes usually result in high amounts of cash-only bail or bail that can be posted by a bail bondsman. This means that the person charged, or a loved one, must come up with the entire amount or pay a bail bondsman (usually ten percent of the amount) to post the bail. The person who pays the bail gets it back at the end of the case as long as the defendant shows up for court at the required times. The usual ten percent fee charged by a bail bonds man is non-refundable. Failure to appear at the scheduled court date will result in the loss of the bail money. If a bail bondsman is used, the family does not get back the ten percent fee that they paid the bondsman. If the defendant fails to appear, the bail bondsman will lose the entire amount of the bail unless he or she brings the defendant to court. The family or friends who signed the contract with the bail bondsman will owe the bail bondsman all the money that is lost to the court.
Less serious crimes frequently result in ten percent bail, meaning the defendant is released when someone puts up ten percent of the bail amount. That person will get his or her money back at the end of the case if the defendant shows up for court at the required times. If the defendant fails to appear, a warrant for the defendant's arrest is issued by the judge, and the bail posted is forfeited. In fact, the person who signed and the bail documents and who posted the bail is responsible for the other 90 percent of the bail amount.
Helmer, Paul, Conley & Kasselman, P.A. regularly files motions for bail reductions for those charged with crimes who are in jail and unable to post bail. We have helped hundreds of individuals get their bail reduced so they could be released while their charges were pending.
Call us at 856-547-7888 for an appointment. Initial consultations are free.
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