Print this document
High Quality
Open the downloaded document, and select print from the file menu (PDF reader required).
Browser Printing
Coming soon!
New Jersey Bail Man .com is a web site dedicated to educate the people of New Jersey who are
in search of aBail Bond, Bail Bondsman or looking for information regarding Bail Bonds and how
theBail Bond Processworks in New Jersey.
Your first question may be, what is a bail bond and why would I need one?
The answer to the second part of that question is simple. When a person is charged with a
Criminal offence or a Disorderly Persons offence in New Jerseythat person orDefendantwill be
required to appear in aNew Jersey Courtto answer the charges brought against them. The court
in most cases will opt to set a bail for the release and ensure the appearance of the defendant in
court.
The Answer to the first part of your question is a Bail Bond is a three-way contract between the
State of New Jersey, theSurety(either a Bail Bondsman or a private citizen) and the Defendant
this is done with the use of aRecognizance Form. The agreement is the defendant will appear in
court for each and everycourt date issued by the court. The surety agrees to produce the
defendant to each required appearance. This is allowed by TheU.S. Constitution Right to Bail
and theNew Jersey Constitution.
Many people ask what happens if the defendant does not appear.
There are a number of reasons why a defendant may fail to appear in court. Some reasons may
be excusable such as, verifiable illness; court notice was not received or went to the wrong
address or other such situations. If the defendant knows he will not make court and has a
legitimate reason he should call the court and hisbail bondsman to reschedule.
You ask what if the defendant does not have a good reason for missing court.
In that case the bail is Forfeited and the entire amount of the bail bond is to be paid to the court.
The defendant must be surrendered to the court. If the defendant is surrendered within 75 days
(old rule was 45 days)of the failure to appear the surety files aMotion to Set-Aside the
forfeiture or aJudgment of Defaultwill be entered. This means the only expense will be Bail
Enforcement Fees, Attorney Fees and Court Costs.
I have been asked to be a Co-Signer on the bail what does this mean?
As discussed above, there are risks involved in undertaking a bail. The Bail Bondsman is the
entity responsible to pay the court in the event of bail forfeiture. Naturally he does not want to be
responsible so he enters into a separateIndemnityAgreement holding the bail bondsman
harmless. This means the Co-Signer orIndemnitorpledges to beliable for any an all costs
involved with the administration and enforcement of thebail bond.
Should I worry about being an Indemnitor?
If you are certain the defendant will appear in court, there is absolutely no reason at all to worry.
The outcome of the case even ifsentenced or receivespenaltieshas no effect on the bail bond;
remember the agreement is to appear in court. If the defendant appears for every date the bail
bond is discharged and your agreement is completed. (There is one exception to the rule, if the
bail bond is pledged for Failure to Pay Fines and the defendant does not pay the fines the Bail
Bondsman is to pay them which in turn you will have to repay the bondsman).
Now that you have the basic idea of a bail bond you should know the cost of the bond.
Most people will tell you flat out the fee which is referred to as Premium is 10% of the bail bond
amount. This is only partially true; the exact truth is the surety hasto charge you the amount as
on file with the New Jersey Department of Banking and Insurance. Most if not all Bail Bond
Agencies in New Jersey have the Premium set at 10%, if abail bond company tells you they will
do the bail bond for less then 10%, they are breaking the law (if10% is the rate on file).
I don't have enough money to pay for the Bail Bond Premium, what do I do?
Some Bail Bondsman will accept payment plans. Theycan accept any amount as a down
payment but must charge you the entire premium. They also can not charge you interest or late
fees unless they are licensed as an Insurance Premium Finance Company.
Okay, I feel I am ready to use a Bail Bondsman to Post the Bail Bond, Now what?
First you should find a New Jersey bail bond agency in your area or county or one that is close to
the county jail. You can do this by looking on the internet, the phone book, and 411 or on this web
site we have a few bail bond agencies listed serving all these New Jersey Counties; Atlantic
County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland
County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County,
Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem
County, Somerset County, Sussex County, Union County and Warren County.
