New Jersey Order Setting Bond is a legal document used within the state's judicial system to determine the amount of bond required for a defendant's release before trial. This bond serves as a financial guarantee ensuring that the defendant will appear in court for their scheduled hearings and comply with any conditions ordered by the court. In New Jersey, there are several types of Order Setting Bonds that may be issued, depending on the nature of the case and the judge's discretion. These include: 1. Cash Bond: This type of bond requires the defendant or their representative to pay the entire bond amount in cash. If the defendant does not comply with the court's terms or fails to appear in court, the cash bond is forfeited. 2. Surety Bond: A surety bond is secured through a professional bail bondsman who typically charges a non-refundable percentage of the bail amount, commonly 10%. The bondsman acts as a guarantor, ensuring the defendant's appearance in court. If the defendant fails to comply, the bondsman is responsible for paying the full bond amount to the court. 3. Property Bond: In some cases, a defendant may be able to secure their release by providing a property bond. This involves using real estate or other valuable assets as collateral instead of cash. If the defendant violates any conditions or fails to appear in court, the court can proceed with foreclosure or seizure of the property. 4. Release on Recognizance (ROR): Sometimes, the court may choose to release the defendant on their own recognizance. In an ROR bond, no financial payment or collateral is required. Instead, the defendant signs a document promising to appear in court as scheduled and obey any ordered conditions of release. The order setting bond in New Jersey is an essential step in the legal process, balancing the defendant's constitutional right to pretrial release with public safety concerns. The court considers various factors, such as the severity of the alleged crime, the defendant's criminal history, ties to the community, flight risk, and potential danger to the community when determining the bond amount. It is crucial to note that the particular type of Order Setting Bond used in any given case depends on the judge's discretion and the circumstances of the case. The goal of the bond system is to ensure the defendant's presence in court proceedings while upholding the principles of fairness and justice in the state of New Jersey.
New Jersey Order Setting Bond
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FAQ
Under the new risk-based system, access to money will no longer determine pretrial detainment. Defendants with a serious risk of danger or flight can be detained pending trial. Low-risk defendants who can't afford bail will be released.
In this paper, we look at bail reform through the lens of New Jersey, the first state to fully implement cash bail reform. Passed in 2014 under Republican Governor Chris Christie, reforms went into effect in 2017, giving us several years of data to look at.
The bail bond serves as surety that the defendant will appear for trial. Judges typically have wide latitude in setting bail amounts. Bail bondsmen generally charge 10% of the bail amount up front in return for their service and may charge additional fees. Some states have put a cap of 8% on the amount charged.
If you do not post bond, you can be held until your trial is over. How long defendants can be held without bond might vary from case to case, but it could be anywhere from several weeks to months or longer.
Following bipartisan legislation and a constitutional amendment supported by 62% of voters, New Jersey essentially eliminated cash bail and instituted a risk assessment approach in which judges consider community safety and other factors before deciding whether to detain or release someone before trial.
New Jersey Bail and Bond Process For many, this involves securing bail. After the arrest, the suspect is booked and then bail will be set. This must be done within twelve hours after the complaint is issued. The bail amount will be set by a magistrate or judge.
Under the old law, a defendant is released or detained based on their ability to post bail. Under the new law, there is no bail. The New Jersey court looks at whether or not the defendant will appear in court, the community is safe, and whether the defendant will obstruct the criminal justice process.
Eight years ago, then-Republican Gov. Chris Christie teamed up with Democrats to pass a major overhaul of New Jersey's criminal justice system, ushering through legislation that made the state among the first in the nation to effectively eliminate cash bail. There was little political uproar.
