DAY 5: BAIL

Question 1

purpose of bail (2)

Answer 1

1. to ensure that the defendant comes to court when required
2. to ensure that the defendant appears at every stage of the proceedings

Question 2

monetary bail

Answer 2

money or credit deposited to the court

Question 3

what can bail be set on in the municipal court?

Answer 3

petty disorderly persons and bench warrants

Question 4

what is bail recognizance?

Answer 4

the contract! (every type of bail has a recognizance even non monetary bail like RORs)

Question 5

non corporate surety

Answer 5

someone other than the defendant who posts the bail and insures the debt. non corporate meaning not a corporation.

Question 6

surety

Answer 6

person responsible for the defendant, agrees to the bail conditions and pledges that the defendants obligations will be met.

Question 7

who is authorized to set bail?

Answer 7

-Judge
-authorized ca
-authorized dca

Question 8

bail schedule 1

Answer 8

superior court only

Question 9

bail schedule 2

Answer 9

municipal court (superior court may access both schedules, municipal only has access to schedule 2)

Question 10

court admin or deputy may set bail is

Answer 10

-authorized by judge
-absence of judge
(only one petty disorderly and bench warrants) ( only in accordance w bail schedule 2 and 3:26-1)

Question 11

3:26-1 & 7:4-1 (s.e.l.f)

Answer 11

bail criteria
-seriousness of crime
-employment status
-length of residence
-family ties

Question 12

when is bail set?

Answer 12

• bail can be set during the process of issuing a criminal complaint for a petty disorderly persons offense if certain conditions are present (cdr-2) or bail can be set for a failure to appear - bench warrant

Question 13

10% cash bail

Answer 13

unless the judge specifies no 10% or “FULL” you can take 10% on any municipal court matter.

Question 14

who can set full cash bail?

Answer 14

ONLY THE JUDGE

Question 15

R.O.R

Answer 15

Released on own recognizance. is permissible for any offense where the judge/judicial officer deems it appropriate.

Question 16

bail must be set set within how many hours of arrest of a bench warrant or CDR-2 warrant for a pdpo?

Answer 16

12 hours!!!!!!!

Question 17

defendant in custody must be brought before the court w/ in how many hours?

Answer 17

48 hours!

Question 18

bail receipt =

Answer 18

proof of payment received

Question 19

manual receipts can only be used for

Answer 19

-if the system is down
-ATS BAIL

Question 20

TYPES OF BAIL

Answer 20

-cash
-10%
(no 10%)
-bond
-ROR

Question 21

acceptance of personal checks

Answer 21

-for non serious offenses
-when bail amount is not great
-when the court is reasonably certain of: the defendants identification, the identification of the person issuing the check if not the defendant, (no starter checks or corporate checks)

Question 22

bail bonds may only be accepted if:

Answer 22

All are in good standing:
-bail bond agent
-bail bond agency
-insurance company

Question 23

who can modify set bail?

Answer 23

ONLY THE JUDGE.

Question 24

bail recognizance must be completed for every bail accepted
true or false

Answer 24

TRUE

Question 25

if more then one surety posts bail a recognizance must be completed for each surety; true or false

Answer 25

TRUE

Question 26

A defendant may post bail at

Answer 26

-at any police station -at any jail, when in custody -at any municipal court in New Jersey

Question 27

bail waiver (as opposed to bail recognizance=

Answer 27

only on payable offense

Question 28

fiduciary responsibilty

Answer 28

to be honest and trustworthy with other people money

Question 29

can municipal courts charge a fee for bad checks?

Answer 29

NO

Question 30

can payments be made in the courtroom?

Answer 30

NO compromises dignity of the court

Question 31

financial questionnaire should be completed for every time payment request and for every PDEF request. true or false

Answer 31

TRUE

Question 32

extra money from uncashed checks go to the municipality. true or false

Answer 32

true