NJ AOC review bail Flashcards
Rule 7:4-1
Right to Bail
Every defendant has the right to bail before conviction
Bail will ensure the defendants presence when required
General policy against un necessary detention.
* includes non indictables
Mission statement
We are an independent branch of the government constitutionally entrusted with the fair and just resolution Of disputes in order to preserve the rule of law and protect the rights and liberties guaranteed by the constitution and laws of the United Stares and this state
During court sessions
Disposition and payment done by different persons
Ref ATS ACS financial manual
Integrity
No payments in court room
Financial questionnaire - all TPAYs and request for public defender.
Bail recognizance
An obligation or contract by the defendant who agrees to appear in court on a specific date and time
- directive 13-04
- one form for every surety
- be sure to complete form and enter power of atty number for bonds
Definition of bail - cont
Is not punitive Is not to pay fines and costs Is a guarantee the defendant will appear in court Bail conditions Non surety and corporate surety
Bail waivers
Only on payables.
Waive right
Relinquishes right to a trial and lawyer
Admits FTA
Admits MVC will be notified
Authorized court to apply bail to fines and costs
Determining amount of bail
Rule 3:26-1
- seriousness of the crime and likelihood of conviction
- previous criminal record
- reputation and mental status
- time lived in the community
- family ties
- employment status/financial
- someone to vouch for defendant
- factors bearing on FTA and policy against unnecessary detention.
Warrants criteria.
Rule 7:2-2(b)
Previous failure to appears Danger to self or others Other outstanding warrants No know address Can not be identified Believe the defendant will FTA
Definition of bail
Money credit or deposited with the court to obtain temporary release of the defendant on the condition that the defendant will appear in court when required
Outstanding checks
Any outstanding checks over 6 months will be escheated to the town
Purpose of bail
To ensure that the defendant appears at every stage of court proceedings
Payment policy
All payments posted in ATS/ACS
Post all over and under payments
Posts monies that can not be determined.
Fiduciary responsibility
The handling of money when one acts as a corporate or individual trustee. As public servants, mc employees have a fiduciary responsibility to the public
Escheat
The act of rendering unclaimed funds back to municipality or state
Directive #9-05
Bail schedule 1 or 2
Non money bail on ROR
Statewide bail policies
Municipal presiding judge ensures procedures for periodic bail review for jailed defendants
Post adjudication warrants - bail is not automatic the amount of fines.
Surety
Surety can be a person or corporation. Corp surety ins company authorized by the state to transact the kind of ins that may be marketed through its representatives, known as licensed ins producers and limited lines ins producers a surety will guarantee the def appears in court.
During court sessions
Disposition and payment done by different persons
Ref ATS ACS financial manual
Integrity
No payments in court room
Financial questionnaire - all TPAYs and request for public defender.
Types of surety
Bail agent
Bail agency
Insurance company
Who can set bail?
NJSA 2b:12-21
S C judge
M C judge
And other authorized judicial employee
Bail modifications
Rule 7:4-2(b)
Modifications and revisions for non-indictable may be done by MC judge
When is bail set?
During process of issuing a criminal complaint CDR2 or warrant
Set on FTA - bench warrant
Full vs 10%
Paid in FULL
10% of set bail amount.
Unless specified 10% bail may be posted on any MC matter
Rule 7:3-1(b)(2)
Bail must be set within
12 hrs
If the defendant is custody. First appearance must be within
72 hrs
R O R
Released on his or her own recognizance
Release a defendant with promise to appear/written agreement in court when required
When are personal check taken
On non serious offense
Bail is not great
When certain of the def identity
Identification of person issuing the check if not def
Why no payment in court room?
Appearance of impropriety (code of conduct)
Compromise dignity of court
No manual receipts Unless ATS ACS is not available
Personnel and courtroom safety
Bail registry
A state wide registry of acceptable bail bonds from ins agencies or agents.
When non cash bail is posted.
Must complete a bail recognizance
No receipt necessary
Bail modifications.
Can only be done by the judge.
Where can bail be posted?
Any pd or jail or MC in the state of NJ
Cash bail must have a receipt.
MUST do for bail
Recognizance form for all cash and non cash bail.
Must enter in ATS ACS
Bail posted will recall warrant
When defendant appears and is found guilty and bail was posted. You need to when surety agrees
Issue two checks to the surety
One is refund
One to be signed back to court and apply to penalty.
Bail discharged.
Is the refund or discharge of bail when the def appears in court
Bail on Post adjudicated warrants
Bail should not be the amount of fine and costs
Manual receipts
Must be pre numbered and bound
Only when ATS ACS is not available
Posting ATS bail
NEVER used for any other purpose.
To negate a NG plea on a payable ticket
If a payable ticket. Withdraw NG plea by adjourning case to room 0000
Process through payment screen.
For a bad check
Can not charge a fee
Independence
Assignment of responsibilities
Cash reconciliation
Recommend different person than who does deposit slip
For
Checks and balances
Counterfeit bills
We are independent of PD not put responsibility to notify PD.
Municipal court.
Financial control
All monies collected must be dispersed. Including interest by the 15th of the month.
During a court session
Disposition and payments should be done by different people
Ref to ATS ACS finance manual
Integrity
No payment on court room
Financial questionnaire on all TPAY and request of public defender
