Legal Question in DUI Law in New Jersey

HOW DO WE RECOVER THE BAIL MONEY?

Posted a bail of $7000 cash (no bondsman) in NJ to get a family member out on bail for outstsnding dmv warrants but he missed the first court appearance few days later. the courts sent all his notices to his old address which he was not aware of and so he failed to appear in court. but he appealed to the judge later and explained to them that he wasn't properly notified but they still forfeited all my bond money. we need to hire a lawyer but need to know how the forfeited money can be recovered. the address situation is corrected and he will go to court every time until the matter is resolved.


Asked on 1/13/11, 9:03 pm

1 Answer from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Initially ( I am not aware if this was done) you need to have any warrants that were issued to be vacated and make a formal request to the Judge to consider reinstating the bail that was posted otherwise it is gone, the Court's question will obviously be why were they not notifed that the address that they had on file for this person had changed. It is your responsibility to keep the Court advised of where you are and how they can most effectively get in touch with you. people are brought back to Court even years later and the most common thing they say is that they moved and that the address the Court had is no longer current. It would help to have a more compelling reason. Have all the warrants been vacated? I am not clear what the current status of the case is. why was the bail so high? $7,000.00 is an excessive amount of money even on a DWI? please feel free to call with any questions (201)-894-9498

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Answered on 1/19/11, 11:39 am


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