KNOWING YOUR RIGHTSBail is not a privilege, It is a right! Under the United States and New Jersey Constitutions bail is a right guaranteed to all of us. The New Jersey Constitution, Article I, Section 12, states that excessive bail shall not be required. The U.S. Constitution is similar. In either case, the principal of bail is often misunderstood. The primary purpose of bail is to assure the defendants appearance at all court proceedings. It is not intended to punish the defendant since at this early stage of the proceedings, the defendant has often not even been indicted, much less convicted of a crime. All persons accused of crimes are presumed to be innocent until proven guilty.

The New Jersey Court Rules set out the terms and conditions for granting bail. R 3:26-1

(for more information about your rights contact us.)

POSTING BAIL AND RELEASE OF THE DEFENDANT:

When the bail agent and the cosigner come to an agreement, he will make arrangements to meet. The meeting can take place anywhere that is convenient for the cosigner:

 The bail agent's office, the courthouse, a fast food restaurant, a parking lot, the cosigner's home or office, or most commonly at the jail

As with all legal matters, bail bond processing involves paperwork. The bail agent prepares the paperwork in advance, and the cosigner signs everything when they meet. The paperwork usually includes a bail bond agreement in which the cosigner acknowledges he is responsible for the ensuring that the defendant shows up in court.

Because many legal documents are long, complicated and wordy, the bail agent might also ask the cosigner to sign a "plain talk contract" - a brief document that explains in simple language the terms of the bail bond arrangement. If all goes well, the defendant makes all the court appearances, the case is either dismissed or ended with a judgment of guilty or not guilty, and the bond is no longer needed because the defendant no longer needs to  make any court appearances. The bond is cancelled ( the term in the business is "exonerated"), and any collateral is returned to the defendant or cosigner.

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