Saturday, September 5, 2009



The right to bail before conviction is guaranteed by the New Jersey
Constitution and court rule. Certain limited exceptions are permitted
in capital cases when the prosecutor presents proof that there is a
likelihood of conviction and reasonable grounds to believe that the
death penalty may be imposed. The purpose of bail is to ensure that a
defendant appears for all pretrial and trial court proceedings.
Excessive bail should not be required and should not be utilized as a
means of confining the accused until trial.

Only a Superior Court judge in the county where the offense was
committed or the arrest made can set bail for persons charged with
murder, kidnapping, manslaughter, aggravated manslaughter,
aggravated sexual assault, sexual assault, aggravated criminal sexual
contact, or for a person arrested in an extradition proceeding R. 3:26-
2. A municipal court judge may admit defendants to bail for any other
offenses. In the absence of a judge, the clerk of the court or other

De novo is a Latin for anew; fresh; a second time. A trial de novo is a trial without a jury that is heard on the
record of the proceedings below.

person authorized by law to set bail may set bail on non-indictable
charges. R. 7:4-2(a).

1. Types of Bail

a. Full Cash Amount:

Bail is satisfied by the deposit in court of cash for the full
amount of the bail set.

b. Cash Ten Percent:

Bail may be satisfied by the deposit in court of cash in
the amount of ten-percent of the amount of the bail set
and defendant's execution of a recognizance for the
remaining ninety-percent.

c. Property Bond:

The posting of real estate may satisfy bail if there is
sufficient equity in the property to cover the amount of
the bail. A lien in the amount of the bail is placed on the
property until the bail is discharged.

d. Corporate Surety:

A bond posted by a corporate surety approved by the
Commissioner of Insurance may satisfy bail. The
corporate surety is known as a “bondsman.” The
bondsman guarantees the payment of the bond amount if
the defendant does not meet their obligations to the court.

e. ROR:

Defendants can be released on their own recognizance
without posting money. The bail can be set without a
dollar amount attached.

2. Emergency Bail:

The emergent duty judge sets emergency bails during non-
regular business hours, at night, and on weekends or holidays.