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  1. #1
    Join Date
    Jan 2011
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    5

    Default Can You Recover Bail Money That Has Been Forfeited

    My question involves traffic court in the State of: NJ
    NJ has the worst dmv offenders because the courts are greedy and corrupt. the new state survey published online said that 1 in 4 NJ residents are suspended or were suspended at one time. Most are repeat offenders because they cant afford to pay the fines.

    The question is this: the law states that the judge can forfeit your bail money for not showing up in court. But i think an individual can also request another hearing and go to court within the 30 day period to avoid losing their bail money. can anyone confirm if that is true??

    My friend missed his first appearance due to incorrect address in their files but he did voluntarily go to court within 30 days but the judge still forfeited the bail. We also gave the court staff his new address atleast five times but they still send notices to some old address. He has a lawyer now but the lawyer does not want to get involved in this bail matters. he doesn't think it can be recovered. He missed the court only one time!
    So how can we get the bail reinstated based on these circumstances?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,176

    Default Re: Can You Recover the Bail Money from Being Forfeited

    He missed the court only one time!
    it's the same thing I told my daughters about sex and getting pregnant: all it takes is one time.

    as you were asked in your other thread; when did he provide a correct address to the courts?

  3. #3
    Join Date
    Jan 2011
    Posts
    5

    Default Re: Can You Recover the Bail Money from Being Forfeited

    he let them know asap within days of knowing that he missed his first court date. and I went with him to get my money back. In all fairness this is not as serious as your comparision to your daughters getting pregnant.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,176

    Default Re: Can You Recover the Bail Money from Being Forfeited

    he missed a court date. His bail was forfeited. It's that simple.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,830

    Default Re: Can You Recover the Bail Money from Being Forfeited

    He can discuss with his lawyer the possibility of attempting to reinstate his bond, and whether that might take the form of a motion to reinstate bail, a motion for rehearing or reconsideration, or an appeal. I don't see a statute or court rule that directly speaks to procedure or time limits for a motion to reinstate bail, but presumably his lawyer will know the legal basis for such a motion.

    The issue here is neither greed nor corruption by the court. Your son is the only person whose conduct led to your predicament. Next time, let somebody else bail him out.
    Quote Quoting NJSA 2A:160-26. Forfeiture of bail; arrest of accused without warrant; recovery on bail bond
    If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.

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