Law Offices of Michael T. Nolan, Jr.

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Does every arrested person have the right to post bail?

If you have been arrested for a crime in New Jersey, one of the things you may want to know about is bail. Will you be able to post bail? How is your bail determined? What does bail really do for you?

The New Jersey Courts explain that every person who is arrested had the right to have bail set. This is required to happen by law within 12 hours of a formal criminal complaint being lodged. Bail can be thought of as collateral in a way. By paying money, a defendant promises to appear in court when required. Bail may be in the form of cash or property. A personal bond is the promise to show or have a judgment entered. If the latter happens, the defendant may lose money or property based upon what is used for the bond.

Bail investigators review a defendant's history to help provide information to the judge. This information is then used by the judge to decide what bail should be set or if any bail is needed. Some people are able to be let out of jail on their own recognizance which means they are determined to have a low risk of not showing up in court. A person's mental health, criminal, substance use and employment histories are some of the factors reviewed by investigators and judges.

This information is not intended to provide legal advice but is instead mean to give New Jersey residents a high-level overview of what bail is and how it works in criminal arrests in New Jersey.

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Law Offices of Michael T. Nolan, Jr.
514 Brick Boulevard, Suite 6
Brick, NJ 08723

Toll Free: 888-415-7141
Phone: 732-965-3342
Fax: 732-477-0492
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