The New Jersey bail statutes allow the State to learn a great deal of information about both a defendant who is having bail posted for him; and, about the person who is posting the bail. When you are deciding whether to post a bail under these circumstances, you need the representation of an experienced criminal defense lawyer like those at Bailey & Orozco to determine how to proceed. Our defense lawyers have represented clients in Newark, Elizabeth, Paterson, Morristown and most other County Superior Courts in New Jersey.

These ‘bail inquiries’ are triggered when a person is charged with a crime for which there are ‘bail restrictions’, which are listed in N.J.S.A. 2A:162-12. Specifically, these types of crimes include crimes of the first or second degree, to include Murder; Manslaughter; Kidnapping; Sexual Assault; Robbery; Carjacking; and a variety of lesser crimes including Resisting Arrest, and Eluding a Police Officer.

When a person charged with these types of offenses attempts to post bail, it is required that the bail must be posted in the form of:

(1) Full cash;
(2) A surety bond; or
(3) A bail bond secured by real property situated in New Jersey.

The bail statutes include a presumption in favor of the posting of a full United States currency cash bail to the exclusion of other forms of bail when a defendant is charged with such an offense and has:

(1) Two other indictable cases pending at the time of the arrest; or
(2) Two prior convictions for a first or second degree crime or for a violation of 2C:35-7; or
(3) One prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; or
(4) They were on parole at the time of the arrest.

The bail statutes provide that when a person charged with a crime with bail restrictions posts bail, they must provide the prosecutor, under penalty of perjury, information about the person posting cash bail, the security offered, and the source of any money or property used to post the cash bail or secure the bail bond.

The information must include, but is not be limited to, the defendant’s employment history, the names and addresses of any person who contributed money or pledged security for the proffered bail or surety bond, the amount, nature and timing of such contributions, and the relationship to the defendant of any such persons contributing these monies. Bail will not be accepted for a person subject to these requirements until the prosecutor is provided the completed information form, and decides whether to request a source of funds hearing.

When such a request is made by the prosecutor, the court is required to conduct an inquiry pursuant to these statutes. During the hearing, among other things the Court may require the following to be provided under oath:

(1) The background and reputation of the person posting cash bail;
(2) The relationship of that person to the defendant; and
(3) The source of any money posted.

At the conclusion of the inquiry, the court shall issue an order either approving or disapproving the bail. The court shall not issue an order approving the bail unless it is satisfied that the evidence presented during the inquiry establishes the reliability of the source of the funds used to post bail, and the relationship of the person posting the bail is sufficient to ensure the defendant’s presence in court when required.

Obviously, this type of information, given under oath and provided to the prosecutor, may intrude into the constitutionally protected rights of a defendant. A determination of how to proceed should only be made after consultation with an experienced criminal defense attorney like those at Bailey & Orozco.