After an initial arrest, it can take months or even years before a case goes to trial. The court system recognizes that this waiting period can create an undue hardship on the defendant and his or her family. That’s why, in many cases, a defendant can secure release by posting bail. A defendant is typically required to post cash bail, pledge property, or utilize a bail bondsman in order to be released from jail.
As the name suggests, a cash bail requires the defendant to pay the full bail amount in cash. A judge determines what this cash value should be by considering the nature of the alleged crime and the defendant’s personal and criminal history. If a cash bail is set, a member of the defendant’s family or a friend can also post this full bail amount on behalf of the defendant.
In many cases, defendants are unable to afford the full amount of their set bail. Sometimes, the court allows defendants to post property, such as a house, as collateral against the bail. This means that if the defendant doesn’t make it to his or her next court appearance, the court has a legal right to foreclose on the property that was pledged as a bond.
A surety bond involves a third party known as a bail bondsman posting the value of the bond. A surety company pledges to pay the full amount of the bond if the defendant fails to appear in court. This process is useful for defendants who are unable to post the entire amount of their set bail in cash. Bail agents typically charge a 10% premium and require some sort of asset, such as jewelry or property, to be pledged as collateral.
24 Seven Bail Bonds can help you learn more about posting bail in New Jersey. We treat each of our clients with respect and courtesy as we help them navigate the criminal justice system. You can reach us at (732) 418-2245.