TJT The Tormey Law Firm Criminal Defense Attorneys

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Bail Options in Criminal Cases

Bergen County Criminal Lawyer with Offices in Paramus, New Jersey

bail bondsTravis J. Tormey is an experienced defense attorney who serves on behalf of clients facing a vast array of charges, ranging from harassment to carjacking. With centrally located offices in Paramus and Morristown, he appears in courts throughout Northern New Jersey, including Fairview, East Rutherford, and Garfield. Having represented clients in such a wide variety of cases, Mr. Tormey has a great deal of experience in Superior Court, where felony-level offenses are adjudicated, as well as Municipal Court, where misdemeanor crimes are heard. Mr. Tormey’s practice concentrates on criminal law, which has facilitated him in developing a breadth of knowledge in the area of criminal defense. This repository of information regarding New Jersey law enables him to identify the nuances involved in each case and thus, to best represent his clients. In fact, Mr. Tormey has been cited as a legal resource in a number of publications, including The Daily Record and The Bergen Record, as well as the AOL News. Feel free to contact him at his office at (201) 556-1570, as he provides free legal consultations.

Stages of a Criminal Case: Bail Determinations

In criminal cases in New Jersey, there are a number of potential outcomes with regard to bail determinations, which are made by a judge after the defendant is arrested and formally charged with an offense or offenses. Generally, the presiding judge will pursue one of the following avenues: imposing a set bail amount with no 10 percent option, allowing for a 10 percent option, or releasing the defendant on his or her own recognizance.

Bail Without a 10% Option

If a judge imposes a set bail amount with no 10 percent option, the defendant must post the entire bail amount before being released from jail. In these cases, if the defendant fails to produce said amount in its entirety, he or she will remain in jail pending the resolution of the case.

Cash Bail With a 10% Option:

In some cases, the judge will decide to set bail and allow the defendant to post 10 percent of the total amount in order to be released prior to appearing in court. When case proceedings conclude, this 10 percent is generally refunded to the defendant, provided that he or she appears in court on the required dates.

Released on Defendant’s Recognizance:

Under certain circumstances, the presiding judge will determine that the defendant can be released from jail pending the next scheduled court date, with the understanding that he or she must appear in court at that time. Before releasing the defendant, the judge must conclude that said defendant does not pose a serious threat to the community or present a potential flight risk. It is more likely that a defendant will be released on his or her own recognizance if he or she has little to no criminal history and has been charged with a less serious offense.

Forms of Bail Payment:

Bail Bonds:

A defendant may opt to utilize a bail bondsman in order to meet the bail amount set by the court if he or she is unable to pay the entire amount through personal means. If the defendant chooses to pursue this form of payment, he or she will typically provide 10 percent of the total bail amount to a bail bondsman, who will then post the entire amount with the court on the defendant’s behalf. The bondsman will then retain the 10 percent initially paid by the defendant once the case is resolved. Before providing a non-refundable fee to a bail bondsman, a defendant may want to consider retaining an attorney who can file a bail reduction motion with the court in order to reduce the initial bail amount. If bail is then reduced to an amount that the defendant can meet without additional assistance, he or she can avoid making a non-refundable payment to a bail bondsman.

Cash Bail:

Ideally, the defendant is able to post the bail amount in its entirety through direct cash payment made to the court, at which time he or she will be released from jail pending the next scheduled court date. If bail is posted and the defendant appears on each required date, the bail amount is then refunded to the individual who posted it upon the case’s resolution. However, under circumstances in which the defendant fails to appear in court on the required date, the entire bail amount is forfeited to the court.

Property Bond:

A property bond is used when a defendant’s decides to post property with the court in order to secure the bail amount. Generally, the defendant must provide the county clerk in the county in which he or she was charged with the deed to the property, as well as a certified appraisal of the property’s current value. In some cases, documentation of the most recent property tax assessment is considered sufficient to establish the value of the property posted for bail. It is important to note that the property bond is based on the equity that the defendant currently has in the property, as opposed to the total value of the property itself. Further, cases involving more serious charges often require the defendant to prove that they he or she has $20,000.00 in equity in the property above the bail amount set by the judge. A property bond bears considerable risk, as the State is entitled to foreclose on the property posted for bail if the defendant fails to appear in court on a scheduled date.

Finding An Experienced Criminal Attorney to Defend Your Case

If you have been charged with a criminal offense in New Jersey, are seeking additional information about bail options, or need help filing a bail reduction motion, contact the Tormey Law Firm, LLC. at (201)-556-1570 for a free legal consultation. Position yourself to obtain the best possible outcome by hiring an experienced criminal defense attorney who will work to combat the charges against you or your loved one.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions