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Chris Leone-Zwillinger
Latest posts by Chris Leone-Zwillinger (see all)
- New Jersey Divorce Causes of Action - December 18, 2013
- A Brief History of Divorce and Alimony - December 16, 2013
- Time is of the Essence in DCPP Matters - November 22, 2013
The Ins and Outs of Getting Released on Bail in New Jersey

Full cash bail is required if a defendant is charged with certain crimes of the first or second degree as enumerated at N.J.S.A. 2A:162-12a. and the defendant
- has two other indictable cases pending at the time of the arrest;
- has two prior convictions for a first or second degree crime or for a violation of N.J.S.A. 2C:35-7 or any combination thereof;
- has one prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; or
- was on parole at the time of the arrest.
1) Ten Percent Cash Bail
When bail is set pursuant to R. 3:26-1, bail may be satisfied by depositing 10% of the bail amount in cash, and the defendant must execute a recognizance (which means an agreement you make with a court of law) for the other 90%.
Court Rule R. 3:26-4(g), provides that ten percent cash bail is presumed when the judge sets an amount, unless the judge orders otherwise.
Except in first or second degree crimes as set forth in N.J.S.A. 2A:162-12 and unless the order setting bail specifies the contrary,
2. Corporate Surety Bonds
A corporate surety bond may be posted by a bail agent who represents an insurance company. The bail agent must have a power of attorney from the insurance company. The bond is a contract between the court and the insurance company whereby the insurance agency agrees to be responsible for the full amount of the bail should the defendant fail to appear in court.
3. Property Bonds
The defendant or a surety posts real property, (e.g., a house) to satisfy the bail amount. In order to post real property, the defendant or surety must provide the court with the following information in accordance with N.J.S.A. 2A:162-12:
- a legal description of the property;
- a description of each encumbrance on the real property;
- the market value of the unencumbered equity owned by the affiant. A full appraisal must be conducted by an appraiser licensed by the state of New Jersey; and
- a statement that the affiant is the sole owner of the unencumbered equity.
- If real property is going to be posted for a crime with bail restrictions as identified in N.J.S.A. 2A:162-12a, the property must be located in New Jersey with an unencumbered equity equal to the amount of the bail undertaken plus $20,000.
If you or a loved one needs help with a bail reduction or any other criminal matter in New Jersey, contact the criminal defense lawyers at DeMichele & DeMichele today. We are here to defend the charges against you. Contact us now for your confidential and free initial consultation. You can also reach us by telephone (856) 546-1350.
The following two tabs change content below.
Chris Leone-Zwillinger
Latest posts by Chris Leone-Zwillinger (see all)
- New Jersey Divorce Causes of Action - December 18, 2013
- A Brief History of Divorce and Alimony - December 16, 2013
- Time is of the Essence in DCPP Matters - November 22, 2013