Understanding Cash Only Bail, 10% Options and Bondsmen

Posted almost 5 years ago. Applies to New Jersey, 4 helpful votes

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1

Cash Only Bail

When a judge sets a bail, it can generally be posted by a variety of means, unless the Judge conditions the bail as a Cash Only bail. This type of bail requires that the full amount of the bail must be posted in order for the defendant to be released. Frequently, this type of bail is requested by the prosecution to force a defendant to divulge suspected proceeds from criminal activity. If the State attempts to force this condition, ask your lawyer to file bail motions as often as the local Court rules allow to try to get the condition removed. Obviously, if you have access to a sufficiently large amount of cash that is clearly unrelated to the alleged crimes, there is nothing to prevent the posting of the cash only bail.

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10% Options

A 10% option, is part of the bail set by the Judge. It is typically set as $10,000/$1,000; $25,000/$2,500 or other obvious examples. It allows you to post the 10% cash bail, as an alternative to posting the full amount by bond. The true benefit to this type of bail is the fact that by posting the 10% option, you are using your own money to post the bail, which you will get back at the conclusion of the case so long as you do nothing to forfeit the bail.

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Bail Bondsmen

Bail Bondsmen are in the business of posting bails, and generally want a commission in the range of 10%. When you cannot afford to post a bail, arrangements can be made to post the full face value of the bail, usually with a type of payment plan for the bondsman's commission. The main problem for many people, is that the money paid to the bondsman is their commission, and once paid, is not returned to you at the end of the case. If you decide to use these means to post the bail, call several lawyers, and ask for recommendations as to which 2-3 bondsmen most of their clients use, then call the bondsmen and compare the terms they will offer to post the bail.

Additional Resources

NJ Criminal Defense

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