Bail Bonds & Surety Defense
Bail Bondsman, Surety Companies, and Private Individuals who post bonds or cash bails on behalf of Defendants leave themselves open to potential monetary liability. If the Defendant fails to appear for a scheduled Court date, Court imposed program, or comply with any directions of the Court the bond or cash posted may be placed in a forfeiture status and may eventually result in a Forfeiture Judgment. The Forfeiture Judgment could lead to a complete surrender of the bond or cash posting, which may cost thousands of dollars and can even prevent a bondsman from issuing any bonds in the future. Essentially the judgment will suspend the surety license and halt their business operations all together. This could be disastrous for any bondsman operating in the State of New Jersey. In order to avoid these problems and protect your monetary or business interests it is important to consult an attorney familiar with the Surety/Bond laws and regulations here in the State of New Jersey. Our office has provided successful defenses for both bondsman and private individuals in bail forfeitures and exoneration motions. If you have an issue getting a bond discharged or getting a bond extinguished you should contact our office to schedule a consultation.
Bail Remission Guidelines
The Court considers numerous factors when determining if a remission (return of percentage of bond or cash bail) should be granted and how much should be remitted. The guidelines attached below are helpful in determining the amount of remission the surety can receive based on the facts of the case. It is important to know the case-law and remission schedules prior to filing a motion to vacate a bail forfeiture as each forfeiture case has unique facts and circumstances that can effect the strategic approach by the surety. Often times the steps taken by the surety to monitor the defendant prior to any bench warrant and the time it took for the surety to apprehend and surrender the defendant are considered by the Court. Surety/Bondsman should make every effort to monitor each defendant's status while out on bail and should keep detailed records. If you posted a bond or cash bail on behalf of a defendant, you should review these remission guidelines.