John Marshall Definition of Bail

Definition of Bail - John Marshall

John Marshall on New Jersey DUI Law

Definition of Bail

Bail is a condition imposed by the Court to insure that you return to Court. For instance, if you’re charged with a disorderly person offense the bail can be up to $2500 cash other than in a situation the Judge can go over that if he states on the record the reasons for imposing a higher bail. Bail is just a mechanism to insure that the person returns to Court. Obviously if you have a history of returning to Court and you have few prior involvements with the law, you’ll have less of a bail imposed than if somebody has shown a continuous pattern of disregarding the court’s notices. Now if you’re charged with an offense that’s greater than six months in jail which is considered a crime, at that time the bail will be higher. They have a bail schedule and the bail can be all the way up to, you know, I’ve seen bails of over a million dollars in certain situations namely where somebody is murdered. You have a constitutional right to bail except for a case where the state is seeking the death penalty in a murder case. Other than that you have a constitutional right to bail. Bail can be 2 set up into various forms. There can be a 10 percent cash option or they can be full cash. If they say 10 percent let’s say they set a $1000 bail, if you post 10 percent of it or $100 you can be bailed out. On the other hand if they set a million dollars cash bail, the only way you can do that is -- or cash or bond, is if you come up with a bond, a bail bondsman and they normally take 10 percent of the bail as a fee for providing that bail bond for you.

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