The Bail Process in NJ

There are FIVE Basic Parts to the Bail Process in New Jersey…
(For a detailed explanation of the Criminal Justice System and Bail Process in New Jersey…CLICK HERE )

1. ARREST and BOOKING
2. BAIL SET and FIRST APPEARANCE
3. POST SURETY BOND
4. RELEASE FROM CUSTODY
5. APPEARANCE

ARREST
In most cases, arrest processing will be handled at the Police Station (including the setting of bail). After processing, the accused can be held at the Police Station or may be transferred to the county jail.

BAIL SET and FIRST APPEARANCE
New Jersey Law requires the setting of bail within 12 hours of booking. Only in the most serious of cases will bail potentially be denied as it is our 8th Amendment Right to bail.

If the judge sets bail, the accused may post bail at this time. This is usually done by either cash (posting the entire amount in CASH only) or by using a bail bondsman who charges a percentage of the face amount of the bond (10% by Law in New Jersey).

POST SURETY BOND BAIL PROCESS and RELEASE FROM CUSTODY
Once the bondsman has met with the Indemnitor (person guaranteeing the bond), the bondsman posts the bond with the jail and the defendant is then released.

APPEARANCE
Once the bond is posted and the accused released, the accused is free “on bail” while awaiting their appearance in court. Once the accused has appeared in court, the bond is then “exonerated” by the court and all responsibilities of the indemnitor have been met.
The Bail Process, while meant to be straightforward and simple, can be stressful and confusing during times of family crisis. We understand this and are ready to guide you thru the process.

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