NJ Bail Guidelines – How It Works in New Jersey

Posted on: February 7, 2017 by in Uncategorized
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The State Judiciary produces a Bail Schedule that provides Judge's throughout the State with bail ranges. The Bail Schedule is suggestive, but not compulsory. The Bail Schedule offers families of defendants a guideline of what type of bail to count on to be set and what a reasonable bail reduction may be.

The only purpose of bail is to ensure that a defendant will show up to court. While those may be collateral consequences, the sole purpose of bail is to guarantee that the defendant will appear in court.


Pursuant to case law and the Rules of Court, Courts are required to think about the following non-exclusive variables in consideration of bail:

  • Severity of the crime charged against defendant, the obvious probability of conviction, and the magnitude of the ordered by the Legislature;
  • Defendant's criminal record, if any, and previous record on bail, if any;
  • Defendant's track record, and mental health condition;
  • Length of defendant's habitation in the community;
  • Defendant's family connections and relationships;
  • Defendant's employment status, record of employment, and financial condition;
  • Identity of responsible members of the community who would vouch for defendant's reliability; and
  • Any other variables indicating defendant's mode of life, or affiliations to the community or bearing on the risk of failure to appear, and specifically, the general policy against unneeded sureties and detention.


A defendant's bail in New Jersey can be set as follows:


Cash Only


A Cash Only bail demands a person to post cash or surety in the full amount of the bail. A $100,000.00 cash only bail would require a person to post $100,000.00 by way of certified bank check or pledge real property situated in this State with an unencumbered equity equal to the amount of bail undertaken plus $20,000. When it comes to a $100,000.00 bail, the individual promising the property would be mandated to have no less than $120,000.00 in unencumbered equity in the home or apartment.


Cash or Bond Full (no 10%)


A Cash or Bond Full bail necessitates an individual to post the full amount in cash, real property or post a bond. Bonds are posted by Bail Bondsman.


Cash or Bond with 10% Alternative (with 10%)


Cash or Bond with 10% alternative (with 10%) requires an individual to post 10% of the bail. If the defendant fails to bail and appear is revoked and surrendered, the surety (person who posted the 10%) will be mandated to pay the remaining 90% of the bail to the Court. If you are not able to pay the 10% alternative, you may use a bondsman to post the bail in full.

The Merit of Posting Bail in New Jersey

You are given the ability to live at home and continue going to work until your trial starts when you post bail. On the other hand, if you do not post bail, you will certainly be locked up and powerless to do these things. Effectively, bail assures the court that you will make an appearance to address the hanging criminal charges you confront and not run away from the state.

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