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The Bail and Bail Bonding Process in New Jersey for DWI

New Jersey Statutory Law prohibits driving while intoxicated (DWI). Driving while intoxicated includes driving under the influence of alcohol, over-the-counter medications, prescription drugs, hallucinogenic drugs or habit-producing drugs. If there was a DWI-related accident where someone was seriously injured or killed, then you could face criminal charges, such as assault by auto, vehicular homicide or manslaughter.

When you’re facing a DWI charge or DWI-related criminal charge, there may be the requirement of posting bail. Of course, your ability to make bail depends on the severity of your charges. Generally, the more serious the charge, the higher bail you have to pay – assuming bail is possible.

What is Bail?

Bail is a specific amount of money or other security, like a bail bond. The purpose of paying bail to the courts is to assure that you’ll return for a future court date. In exchange for bail, the court allows your release from jail.

It’s important to realize that the bail you pay is separate from any New Jersey court fees or fines related to your DWI charge. In other words, in addition to bail, you might also have to pay additional fines or court costs.

The amount of your bail might depend on several things. These things can include the seriousness of your DWI criminal charge, your history with the criminal justice system, your community ties, your reputation and so on.

New Jersey requires a non-refundable $30 filing fee for bail. A judge also can add certain provisions onto your bail. For example, you might lose your driving privileges as a condition of your bail. If you fail to adhere to the condition, then bail is forfeit and you return to jail.

New Jersey Bail

According to the New Jersey Superior Court, people facing a DWI criminal charge in New Jersey have several bail options available:

In some cases, you might have to appear before a judge for a bail hearing. Once again, it depends on the severity of your case.

Then in some cases, you might not have to appear before a judge for bail. In less-serious cases, law officials might have a chart that lists standard bail types and amounts. You or your family will speak to personnel at the jail, and they’ll provide your bail information. When that’s the case, you don’t need a judge or a bail hearing.

By Kevin Leckerman