New Jersey Statutes 2A:162-12. Crimes with bail restriction; posting of bail
Terms Used In New Jersey Statutes 2A:162-12
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appraisal: A determination of property value.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments and all rights thereto and interests therein. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
“Crime with bail restrictions” means a crime of the first or second degree charged under any of the following sections:
(1) Murder 2C:11-3.
(2) Manslaughter 2C:11-4.
(3) Kidnapping 2C:13-1.
(4) Sexual Assault 2C:14-2.
(5) Robbery 2C:15-1.
(6) Carjacking P.L.1993, c.221, s.1 (C. 2C:15-2).
(7) Arson and Related Offenses 2C:17-1.
(8) Causing or Risking Widespread
Injury or Damage 2C:17-2.
(9) Burglary 2C:18-2.
(10) Theft by Extortion 2C:20-5.
(11) Endangering the Welfare of Children 2C:24-4.
(12) Resisting Arrest; Eluding Officer 2C:29-2.
(13) Escape 2C:29-5.
(14) Corrupting or Influencing a Jury 2C:29-8.
(15) Possession of Weapons for Unlawful Purposes 2C:39-4.
(16) Weapons Training for Illegal Activities
P.L.1983, c.229, s.1 (C. 2C:39-14).
(17) Soliciting or Recruiting Gang Members
P.L.1999, c.160, s.1 (C. 2C:33-28).
(18) Human Trafficking P.L.2005, c.77, s.1 (C. 2C:13-8).
“Crime with bail restrictions” also includes any first or second degree drug-related crimes under chapter 35 of Title 2C of the New Jersey Statutes and any first or second degree racketeering crimes under chapter 41 of Title 2C of the New Jersey Statutes.
“Crime with bail restrictions” also includes any crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C. 2C:25-19), where the defendant was subject to a temporary or permanent restraining order issued pursuant to the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C. 2C:25-17 et al.) and is charged with a crime committed against a person protected under the order or where the defendant is charged with contempt pursuant to N.J.S. 2C:29-9
b. Subject to the provisions of subsection c. of this section, a person charged with a crime with bail restrictions may post the required amount of bail only in the form of:
(1) Full cash;
(2) A surety bond executed by a corporation authorized under chapter 31 of Title 17 of the Revised Statutes; or
(3) A bail bond secured by real property situated in this State with an unencumbered equity equal to the amount of bail undertaken plus $20,000.
c. There shall be a presumption in favor of the court designating the posting of full United States currency cash bail to the exclusion of other forms of bail when a defendant is charged with an offense as set forth in subsection a. of this section and:
(1) has two other indictable cases pending at the time of the arrest; or
(2) has two prior convictions for a first or second degree crime or for a violation of section 1 of P.L.1987, c.101 (C. 2C:35-7) or any combination thereof; or
(3) has one prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; or
(4) was on parole at the time of the arrest; or
(5) was subject to a temporary or permanent restraining order issued pursuant to the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C. 2C:25-17 et al.), was charged with a crime committed against a person protected under that order, including a charge of contempt pursuant to N.J.S.2C:29-9, and either: (a) is charged with commission of a domestic violence crime that resulted in serious bodily injury to the victim; or (b) has at least one prior conviction for a crime or offense involving domestic violence against the same victim or has previously violated a final restraining order protecting the same victim,
unless the court finds on the record that another form of bail authorized in subsection b. of this section will ensure the defendant’s presence in court when required.
d. When bail is posted in the form of a bail bond secured by real property, the owner of the real property, whether the person is admitted to bail or a surety, shall also file an affidavit containing:
(1) A legal description of the real property;
(2) A description of each encumbrance on the real property;
(3) The market value of the unencumbered equity owned by the affiant as determined in a full appraisal conducted by an appraiser licensed by the State of New Jersey; and
(4) A statement that the affiant is the sole owner of the unencumbered equity.
e. Nothing herein is intended to preclude a court from releasing a person on the person’s own recognizance when the court determines that such person is deserving.
L.1994, c.144,s .1; amended 2003, c.177; 2007, c.46, s.1; 2011, c.138, s.1; 2013, c.51, s.15.