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Wendy Review notes > NJ AOC review bail > Flashcards

NJ AOC review bail Flashcards

0
Q

Rule 7:4-1

Right to Bail

A

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

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0
Q

Mission statement

A

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

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0
Q

During court sessions

A

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.

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0
Q

Bail recognizance

A

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
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0
Q

Definition of bail - cont

A 
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
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0
Q

Bail waivers

A

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

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0
Q

Determining amount of bail

Rule 3:26-1

A
  • 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.
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0
Q

Warrants criteria.

Rule 7:2-2(b)

A 
Previous  failure to appears 
Danger to self or others
Other outstanding warrants 
No know address
Can not be identified
Believe the defendant will FTA
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0
Q

Definition of bail

A

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

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0
Q

Outstanding checks

A

Any outstanding checks over 6 months will be escheated to the town

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0
Q

Purpose of bail

A

To ensure that the defendant appears at every stage of court proceedings

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0
Q

Payment policy

A

All payments posted in ATS/ACS
Post all over and under payments
Posts monies that can not be determined.

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0
Q

Fiduciary responsibility

A

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

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0
Q

Escheat

A

The act of rendering unclaimed funds back to municipality or state

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0
Q

Directive #9-05

Bail schedule 1 or 2

A

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.

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0
Q

Surety

A

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.

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1
Q

During court sessions

A

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.

2
Q

Types of surety

A

Bail agent
Bail agency
Insurance company

3
Q

Who can set bail?

NJSA 2b:12-21

A

S C judge
M C judge
And other authorized judicial employee

4
Q

Bail modifications

Rule 7:4-2(b)

A

Modifications and revisions for non-indictable may be done by MC judge

5
Q

When is bail set?

A

During process of issuing a criminal complaint CDR2 or warrant

Set on FTA - bench warrant

6
Q

Full vs 10%

A

Paid in FULL

10% of set bail amount.

Unless specified 10% bail may be posted on any MC matter

7
Q

Rule 7:3-1(b)(2)

Bail must be set within

A

12 hrs

8
Q

If the defendant is custody. First appearance must be within

A

72 hrs

9
Q

R O R

A

Released on his or her own recognizance

Release a defendant with promise to appear/written agreement in court when required

10
Q

When are personal check taken

A

On non serious offense
Bail is not great
When certain of the def identity
Identification of person issuing the check if not def

11
Q

Why no payment in court room?

A

Appearance of impropriety (code of conduct)
Compromise dignity of court
No manual receipts Unless ATS ACS is not available
Personnel and courtroom safety

27
Q

Bail registry

A

A state wide registry of acceptable bail bonds from ins agencies or agents.

28
Q

When non cash bail is posted.

A

Must complete a bail recognizance

No receipt necessary

29
Q

Bail modifications.

A

Can only be done by the judge.

30
Q

Where can bail be posted?

A

Any pd or jail or MC in the state of NJ

Cash bail must have a receipt.

31
Q

MUST do for bail

A

Recognizance form for all cash and non cash bail.

Must enter in ATS ACS

Bail posted will recall warrant

32
Q

When defendant appears and is found guilty and bail was posted. You need to when surety agrees

A

Issue two checks to the surety
One is refund
One to be signed back to court and apply to penalty.

33
Q

Bail discharged.

A

Is the refund or discharge of bail when the def appears in court

34
Q

Bail on Post adjudicated warrants

A

Bail should not be the amount of fine and costs

35
Q

Manual receipts

A

Must be pre numbered and bound

Only when ATS ACS is not available

Posting ATS bail

NEVER used for any other purpose.

36
Q

To negate a NG plea on a payable ticket

A

If a payable ticket. Withdraw NG plea by adjourning case to room 0000
Process through payment screen.

37
Q

For a bad check

A

Can not charge a fee

Independence

38
Q

Assignment of responsibilities

Cash reconciliation

A

Recommend different person than who does deposit slip
For

Checks and balances

39
Q

Counterfeit bills

A

We are independent of PD not put responsibility to notify PD.

40
Q

Municipal court.

Financial control

A

All monies collected must be dispersed. Including interest by the 15th of the month.

41
Q

During a court session

A

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

Wendy Review notes (4 decks)

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