Making Bail in New Jersey by Posting a Property Bond

When bail is set for individuals charged with an offense under the New Jersey Criminal Code, the Superior Court may attach various restrictions on the manner in which bail may be posted. For offenses under the New Jersey Criminal Code that are designated as first or second degree crimes, such as murder, sexual assault, endangering the welfare of a child, possession of a weapon for an unlawful purpose, or any first or second degree drug offense, a judge may order that bail be posted only as “full cash” or may allow the posting of a surety bond (a bail bond), or by posting a surety bond secured by real property.
Often times, a person charged with a crime in New Jersey may not have the cash to post bail, or may not want to utilize a bail bond, because the cash that is posted with the bail bond company will not be returned, even after the case is concluded. The money paid to the bondsman constitutes the bondsman’s fee.
Instead, when bail is high, an individual may want to post a surety bond secured by real property. The procedures for posting a property bond are complicated. The exact requirements imposed by the Courts have to be satisfied to the letter. First, the property must have an amount of equity, plus $20,000.00 to satisfy the bail. For example, if the bail is set at $100,000, the equity in the real property must be $120,000.
In addition, the court will require (i) a certified appraisal of the property that was performed within 60 days of the bail application, (ii) a title search showing all liens on the property, (iii) a current bank statement showing the balance of any mortgages and home equity loans, (iv) a receipt showing that all municipal taxes are current, and (v) two forms of photo ID. In addition, a mortgage form will have to be completed and filed with the county clerk.
Does this sound like a complicated, time consuming process? It can be if you attempt to do this yourself. At Schwartz & Posnock, as experienced criminal defense lawyers, we have assisted many clients in posting a property bond for the release of a loved one. The benefit is that no cash has to be posted, except for a $30.00 administrative fee. When the bail bondsman is excluded, there is no need to pay (and lose) the cash to the bondsman. In the long-run, these costs are minimal.
If a family member or friend has been charged with a crime in New Jersey, and you would like to discuss securing that person’s release from custody by using a property bond, call the attorneys at Schwartz & Posnock and let us assist you. As experienced New Jersey criminal defense attorneys, we have obtained the release of many pre-trial detainees by guiding our clients through the often daunting process of posting a property bond.