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Bail Bonds Marlboro NJ

bail bond agent, or bondsman, is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of persons accused in court. Although banks,insurance companies and other similar institutions are usually the sureties on other types of contracts (for example, to bond a contractor who is under a contractual obligation to pay for the completion of a construction project) such entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail bond. Bail bond agents, on the other hand, are usually in the business to cater to criminal defendants, often securing their customers' release in just a few hours.

Bail bond agents are almost exclusively found in the United States and its former commonwealth,The Philippines. In most other countries bail is usually much less and the practice of bounty hunting is illegal.

Bond agents have a standing security agreement with local court officials, in which they agree to post an irrevocable "blanket" bond, which will pay the court if any defendant for whom the bond agent is responsible does not appear. The bond agent usually has an arrangement with an insurance company, bank or another credit provider to draw on such security, even during hours when the bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court every time a new defendant is bailed out.

All bail bond agents have lengthy bail bond agreements. All agreements in California are to be verified and certified by the California Department of Insurance. Most bail bond agreements are given to the bail bond agents by their insurers, and the insurers have already verified and certified all bail bond agreements for their agents.

Bond agents generally charge a fee of 10-15% of the total amount of the bail with a minimum of $100 in some states like Florida, required in order to post a bond for the amount. This fee is not refundable and represents the bond agent's compensation for his or her services. Some states, such as North Carolina, charge a flat 15% where other states that charge 10% can also bill the defendant for phone calls, gas, mileage, anything that has to do with the apprehension of the subject, etc. One argument for abolishing bail bonding for profit has to do with the low rates of pay-out to states when defendants flee. Currently, in many states bail bondsmen owe thousands of dollars in forfeit fees.

As an alternative, some courts have recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a $10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit rather than using a bail bond agent.

For large bail amounts, bond agents can generally obtain security against the assets of the defendant or persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home, the bond agent would charge $10,000 and take a mortgage against the house for the full penal sum of the bond.

If the defendant fails to appear in court, the bond agent is allowed by law and/or contractual arrangement to bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond, usually through the use of a bounty hunter. Some states, such as North Carolina, have outlawed the use or licensing of "bounty hunters" so each bail bondsman must re-apprehend his own fugitives. The bond agent is also allowed to sue the indemnitors, any persons who guaranteed the defendants appearance in court, and or defendant for any money forfeited to the court should the defendant fail to appear.

In most jurisdictions, bond agents have to be licensed to carry on business within the state. There are some more seemingly unlikely organizations that often provide bail bonds. AAA, for instance, will often extend its auto coverage to include local bail bonds for traffic related arrests. This provides a unique service to their members, and frees the member from needing immediate cash.

Four states—IllinoisKentuckyOregon, and Wisconsin—have completely banned commercial bail bonding, usually substituting the 10% cash deposit alternative described above. However, some of these states specifically allow AAA and similar organizations to continue providing bail bond services pursuant to insurance contracts or membership agreements.

The economically discriminatory effect of the bond system has been controversial and subject to attempts at reform since the 1910s. The market evidence indicates that judges in setting bail demanded lower probabilities of flight from minority defendants. See, for example, Frank Murphy's institution of a bond department at Detroit, Michigan's Recorder's Court. Furthermore, the economic incentives of bonding for profit make it less likely that defendants charged with minor crimes (who are assigned lower amounts of bail) will be released. This is because a bail bondsman will not find it profitable to work on matters where the percentage of profit would yield $10 or 20. As such, bail bondsmen help release people with higher amounts of bail who are also charged with higher crimes, creating an imbalance in the numbers of people charged with minor crimes (low level misdemeanors) and increasing jail expenditures for this category of crimes.

A recent spate of high-profile cases involving bondsman misconduct has led to calls for increased regulation of the industry and/or outright abolition of the bail for profit industry. One of the most prominent cases in Louisiana, involved bribery of judges by a bail bonding agency and, after a far-reaching FBI investigation—code name “Operation Wrinkled Robe”—led to criminal charges and removal proceedings for various judges and police officers.

In addition to the use of bail bonds, a defendant may be released under other terms. These alternatives include own recognizance or signature bond, cash bondsurety bondproperty bond, and citation release. Alternatives to bail are determined by the court.

Jail Marlboro NJ

prison (from Old French prisoun) also known as JailThe Big House or The Slammer is a place in which people are physically confined and, usually, deprived of a range of personalfreedomsImprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime. Other terms used are penitentiary, correctional facility, remand centre, detention centre, and jail or gaol. In some legal systems some of these terms have distinct meanings. In the United States the difference between jails or detention facilities and prisons is primarily a function of the length of incarceration. Jails and detention facilities, under city or county jurisdiction, typically hold offenders awaiting trial or serving short sentences. Correctional facilities and prisons are more often run by the state or federal governments and house offenders serving long-term sentences. Similarly Ontario, Canada, jails and detention centres are used to hold remanded prisoners awaiting trial, sentencing or other court proceedings. Jails are typically small facilities originally designed to serve the local community and have been gradually replaced with large regional detention centres. Jails and detention centres are run by the provincial government. Once an offender is sentenced, he or she would be transferred to either a provincial correctional centre (if the sentence is less than two years) or a federal penitentiary (if the sentence is two years or more).

A criminal suspect who has been charged with or is likely to be charged with criminal offense may be held on remand in prison if he or she is denied or unable to meet conditions of bail, or is unable or unwilling to post bail. A criminal defendant may also be held in prison while awaiting trial or a trial verdict. If found guilty, a defendant will be convicted and may receive a custodial sentencerequiring imprisonment.

As well as convicted or suspected criminals, prisons may be used for internment of those not charged with a crime. Prisons may also be used as a tool of political repression to detain political prisonersprisoners of conscience, and "enemies of the state", particularly by authoritarianregimes. In times of war or conflict, prisoners of war may also be detained in prisons. A prison system is the organizational arrangement of the provision and operation of prisons.

Arrested Marlboro NJ

An arrest is the act of depriving a person of his or her liberty usually in relation to the purportedinvestigation and prevention of crime and presenting (the arrestee) into the criminal justice system. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop".

The word 'arrest' when used in its ordinary and natural sense, means the apprehension or restraint of a person, or the deprivation of a person's liberty. The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. When used in the legal sense in the procedure connected with criminal offences, an arrest consists in the taking into custody of another person under authority empowered by law, to be held or detained to answer a criminal charge or to prevent the commission of a criminal or further offence. The essential elements to constitute an arrest in the above sense are that there must be an intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested

Directorate of Enforcement v Deepak Mahajan, (1994) 3 SCC 440 at ¶46 (SC of India)

Police and various other bodies have powers of arrest. In some places, the power is more general; for example in England and Wales—with the notable exception of the Monarch, the head of state—any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action.

Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile."

Monmouth County Jail

The Monmouth County Correctional Institution (MCCI) has an occupancy rating of 1,328 inmates. It is among the top ten largest Correctional facilities in the nation. With it's Objective Classification System for inmates, Pod style floor plans and well trained Correctional Staff, it is a safe and secure environment for all those committed to us by the courts.

Inmates receive excellent health care, quality meals, and liberal time out of their cells to attend religious, educational, and social programs, all designed to assist the inmates and provide them with life skills. They spend their recreation out doors, and are provided an option to exercise indoors. They have weekly access to a Law Library, so that they may research their cases. Visitation, contact and non-contact are allowed with some limitations. They receive visits from Attorneys and Law Enforcement agencies in private interview rooms.

The County also contracts with other agencies and jurisdictions to maximize the use of our bed space.

Monmouth County Corrections is American Corrections Association (A.C.A.) and National Commission Correctional Health Care (N.C.C.H.C.) accredited. Two of the six nationally recognized accreditations of the Monmouth County Sheriff's Office.

Click Here for Bail Posting Procedures. (Adobe PDF file)

 

About The Bail Bond Process

Located in central New Jersey, Main Street Bail Bonds provides professional bail bond services.

Call us at (732) 761-9111 or email us atmainstbailbonds@aol.com

 

The following are some Frequently Asked Questions regarding the bail process:

 

Q: What Is Bail & Its Purpose?

A: Bail is money or other security, such as a bail bond, provided to the court to obtain an adult defendant's release from jail and ensure his/her appearances in court. Bail is not a fine or court fee. The purpose of bail is to ensure that a defendant attends all required court dates. If the defendant keeps all scheduled court dates, the court releases/returns bail at the conclusion of the case to the person who posted/paid it.

 

Q: How Is Bail Set?

A: A judge sets a bail after obtaining information about the charge and background of a defendant. The judge makes a decision as to what amount and type of bail is necessary to guarantee that a defendant will attend court. The judge bases the decision upon factors such as:

- the nature and seriousness of the charge;
- the apparent likelihood of conviction;
- the likely sentence if convicted;
- the defendant's criminal record, if any;
- the defendant's ties to the community;
- the defendant's dangerousness;
- any prior history of missing court dates; and
- whether the defendant was out on bail when arrested on the present charge.

 

Q: What Are The Types Of Bail?

A: When bail is set, the court will specify one or more of the following types of bail:

- Cash Only - The full amount of the bail must be posted in cash.

- Cash with 10 Percent Option - Ten percent of the set bail amount must be posted in cash. The remaining 90 percent does not have to be paid unless the defendant fails to appear for a required court date, and the court issues an order that the rest be paid. No money is posted, but the defendant signs a written promise to appear as required.

- Property Bond - A lien is placed against real property that is posted as a property bail bond. The property owner must have the required equity so that, if the defendant fails to appear in court, the lien can be paid from the equity.

There are specific requirements that must be met in order to post property as bail. Information about these requirements is available from the Superior Court Bail Unit.

- Bail Bond - In exchange for a non-refundable fee, a licensed bail bondsman posts a surety bond (written obligation) with the court.

All bails require a non-refundable filing fee of $30 unless the fee is waived by the court.

 

Q: Can The Court Order Additional Requirements Besides Bail?

A: Yes, a judge can impose conditions on a defendant's release. These conditions may be set as conditions of the bail. In such cases, if a person does not comply with the conditions set by the judge, the bail may be revoked and the defendant rearrested.

 

Q: Who Can Post Bail, & What Are The Responsibilities Of Someone Who Posts Bail?

A: Bail can be posted by the defendant or another adult. A person who posts bail is responsible for making sure that the defendant attends all required court appearances. The person who posts bail also agrees that if the defendant does not appear in court as required the bail posted will be forfeited. The person posting bail should obtain and keep the receipt for the bail.

 

Q: Where & When Can Bail Be Posted?

A: Bail can be posted at the designated court location during court business hours. At other times, only cash or bail bond may be posted at the county correctional facility or jail. (Contact information is listed on the other side of this brochure.)

 

Q: What Is A Bail Source Inquiry Questionnaire?

A: Individuals charged with certain first or second degree crimes must provide a completed "Bail Source Inquiry Questionnaire" to the prosecutor before bail can be accepted. The forms are available at the county correctional facility and jail and other offices where bail can be posted.

 

Q: What Happens If Bail Is Not Posted?

A: A defendant who is not "bailed out" remains in jail while the charge is being resolved.

 

Q: Can A Bail Amount Or Type Be Changed?

A: Yes, a judge may change the amount and type of bail. The defendant or the prosecutor may file a motion to request a change in bail. In response to a motion, a judge decides whether to change the bail.

 

Q: When & Where Are Bail Motions Heard?

A: The court hears bail motions at specified times and locations. Contact the local Superior Court Bail Unit for information on hearing times. For more information on the Bail Unit and other offices, call us.

 

Q: What Happens If A Defendant Out On Bail Does Not Appear In Court As Required?

A: When a defendant does not come to court for a required appearance, the court will usually issue a warrant for the defendant's arrest. The court will revoke the defendant's bail and order that any bail posted be forfeited. When the defendant is rearrested and appears before the court, the judge then will decide whether to reinstate the original bailor set a new bail.

 

If you have more questions, call us at (732) 761-9111. Email: MainStBailBonds@aol.com

 

Criminal Attorney Marlboro NJ

lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney,counsel or solicitor; a person who is practicing law."Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services.

The role of the lawyer varies significantly across legal jurisdictions, and so it can be treated here in only the most general terms.

Legal advice is the application of abstract principles of law to the concrete facts of the client's case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress. Therefore, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law.

In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Sometimes civil law notaries are allowed to give legal advice, as in Belgium. In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.

Inmate Marlboro NJ

prisoner, also commonly called an inmate, is anyone who is deprived of liberty against their will. This can be by confinement, captivity, or by forcible restraint. The term applies particularly to those on trial or serving a prison sentence

Both federal and state laws govern the rights of prisoners. Prisoners in the United States do not have full rights under the Constitution, however, they are protected by Amendment VIII which prohibits cruel and unusual punishment. This Amendment ensures that prisoners are provided with a minimum standard of living. The Geneva Convention, a World Rights organization, states that prisoners may not do work against their will, and many more rules observed in many countries.

 

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