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Friday, October 17, 2014

7:4-2. Authority to Set Bail

  • (a) Authority to Admit to Initial Bail.Conditions of pre-trial release, including bail, may be set by a judge sitting regularly in or as acting or temporary judge of the jurisdiction in which the offense was committed, or by a vicinage Presiding Judge of the Municipal Courts, or as authorized by any other rule of court. A judge who has fixed the amount of bail may designate the taking of the recognizance by the municipal court administrator or any other person authorized by law to take recognizances, other than the law enforcement arresting officer. In the absence of the judge, and to the extent consistent with N.J.S.A. 2B:12-21, a defendant, arrested and charged with a non-indictable offense that may be tried by the judge, may be admitted to bail by the duly authorized municipal court administrator or deputy court administrator. In the absence of the judge, the municipal court administrator, and deputy court administrator, the defendant may be admitted to bail by any other person authorized by law to admit to bail. The authority of the municipal court administrator, deputy court administrator or other authorized persons shall, however, be exercised only in accordance with bail schedules promulgated by the Administrative Office of the Courts or the municipal court judge.
  • (b) Bail Revisions.A municipal court judge may modify bail or any other condition of pre-trial release on any non-indictable offense at any time during the course of the municipal court proceedings.

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