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The NJ Bail Source Form is a comprehensive questionnaire required under N.J.S.A. 2A:162-13 for individuals applying for bail with restrictions, demanding detailed information regarding the person posting bail, the bail's sources, and the specifics of any property or monetary contributions made towards the bail or bond. This mandate aims to ensure transparency and legality in the bail process, necessitating disclosure of employment history, contributions made towards the bail by various individuals including their relationship to the defendant, and the origins of these contributions. Failure to submit this form, filled out in its entirety and truthfully, can lead to the rejection of bail by the prosecuting authority.

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Content Overview

Understanding the intricacies of posting bail in New Jersey requires a thorough examination of the Bail Source Inquiry Questionnaire, a comprehensive document designed to ensure transparency and legality in the process of securing a defendant's temporary freedom. The state's regulations, specifically under N.J.S.A. 2A:162-13, mandate that anyone posting bail, be it the defendant, an obligor, indemnifier, or another person providing cash or property for bail or surety bonds, must complete this form with utmost honesty and detail. This requirement serves to provide a clear account of the sources of funds or property used in the bail process, including information about contributors, their relationship to the defendant, and the nature of their contributions. The form also covers the defendant's personal information, employment history, and details on the bail bond company involved, adding layers of accountability and scrutiny in what can often be a complex legal procedure. The form's comprehensive nature ensures that all parties involved are adequately informed and that the funds or property used are scrutinized to prevent illegal activities such as money laundering or the financing of further criminal behavior.

Document Sample

Bail Source Inquiry Questionnaire

Pursuant to N .J .S .A . 2A:162 -13, a person charged with a crim e with bail restrictions m ust provide, under penalty of perjury, inform ation “about the obligor, indem nifier or person posting cash bail, the security offered, and the source of any m oney or property used to post the cash bail or secure the surety or bail bond, as the case m ay be. This required inform ation shall include, but not be lim ited to, the defendant’s em ployment history, the names and addresses of any persons who contributed m oney or pledged security for the proffered bail or toward a surety bond, the am ount, nature and tim ing of such contributions, and the relationship to the defendant of any such persons contributing resources. Bail m ay not be accepted from a person subject to the requirem ents of this subsection until the prosecutor is provided the com pleted form required by this subsection .

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

I. INFORMATION ON DEFENDANT

NAME OF DEFENDANT FOR W HOM BAIL OR BOND IS POSTED:

Defendant’s Date of Birth:

 

Defendant’s Social Security Number:

 

Bail Amount:

ADDRESS WHERE DEFENDANT WILL LIVE WHILE ON BAIL:

DEFENDANT’S EMPLOYMENT HISTORY (Last 3 years):

 

 

 

 

Name of Employer

Address

Title

Dates of

Monthly Income

Employment

 

 

 

 

1.

2.

3.

4.

1

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

II. INFORMATION ON INDIVIDUALS POSTING BAIL

Instruction: Defendant must provide information on all individuals contributing to anything of value to be used to post cash bail or secure the surety or bail bond (including defendant) and all individuals contributing to posting money to secure a bond. Fill in a separate box for each individual.

LIST NAME, ADDRESS, CONTACT INFORMATION, RELATIONSHIP, AND AMOUNT OF MONEY OR PROPERTY POSTED:

 

 

 

Relationship to

Amount of Money

Name

Address

Telephone

posted for bail or to

Defendant

 

 

 

secure bond

 

 

 

 

INDICATE FROM WHAT SOURCE THE PERSON LISTED ABOVE OBTAINED THE MONEY OR PROPERTY POSTED FOR BAIL OR FOR SECURING A BOND:

Name of Bank

City and State

Savings Account

Checking Account

Credit Card Advancement

Investment Account

Other

 

Cash (for posting bail or securing bond)

MUST COMPLETE SECTION IV. (Page 6)

 

 

 

2

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

LIST NAME, ADDRESS, CONTACT INFORMATION, RELATIONSHIP, AND AMOUNT OF MONEY OR PROPERTY POSTED:

 

 

 

Relationship to

Amount of Money

Name

Address

Telephone

posted for bail or to

Defendant

 

 

 

secure bond

 

 

 

 

INDICATE FROM WHAT SOURCE EACH PERSON LISTED ABOVE OBTAINED THE MONEY OR PROPERTY POSTED FOR BAIL OR FOR SECURING A BOND:

Name of Bank

City and State

Savings Account

Checking Account

Credit Card Advancement

Investment Account

Other

Cash (for pending bond or securing bond) MUST COMPLETE SECTION IV. (Page 6)

3

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

LIST NAME, ADDRESS, CONTACT INFORMATION, RELATIONSHIP, AND AMOUNT OF MONEY OR PROPERTY POSTED:

 

 

 

Relationship to

Amount of Money

Name

Address

Telephone

posted for bail or to

Defendant

 

 

 

secure bond

 

 

 

 

INDICATE FROM WHAT SOURCE EACH PERSON LISTED ABOVE OBTAINED THE MONEY OR PROPERTY POSTED FOR BAIL OR FOR SECURING A BOND:

Name of Bank

City and State

Savings Account

Checking Account

Credit Card Advancement

Investment Account

Other

Cash (for pending bond or securing bond) MUST COMPLETE SECTION IV. (Page 6)

4

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

III. INFORMATION OF BAIL BOND COMPANY

Instruction: Attach any and all documents related to the securing of bail including, but not limited to, Bail Agreements, Receipts, Copies of checks, Promissory Notes, Employment and Income Verification documents, Property Checks and Appraisals.

NAME OF BAIL BOND COMPANY POSTING BOND:

Address / Phone:

Contact Person:

License / Registration Number:

I certify that the information contained in this document is true and accurate to the best of my knowledge under penalty of perjury.

Defendant’s Signature

5

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

IV. SOURCE OF CASH BAIL FORM

Instruction: Defendant must provide information on all individuals contributing to posting cash bail (including defendant) and all individuals contributing to posting cash to secure a bond. As to each individual, provide the following:

1. Employer information and annual salary including wages or income as an independent contractor or cash worker for the last 3 years:

2. All monetary gifts received for the last 3 years including amount and source:

3. List all forms of public assistance (city, county, State, Federal) you have applied for or received either for yourself or for any dependent member of your household:

6

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

4. List all sources of rental income you have received for the last 3 years including the address of the leasehold:

5. All jurisdictions (city, State, Federal) to which you filed income tax returns for the last 3 years:

6. List all forms of real property in which you hold an interest as a deed holder, mortgagor or mortgagee, lessor or lessee:

7

Attorney General form P.L. 2007, c. 46

Defendant’s Name:

 

Complaint/Warrant Numbers:

7. List all judgments/liens filed against you or any real property in which you have an interest as identified in 6, above:

8. List all creditors to whom/which you have made application for the extension of credit in the past 3 years:

I certify that the information contained in this document is true and accurate to the best of my knowledge under penalty of perjury.

Defendant’s Signature

8

Form Attributes

Fact Number Fact Description
1 The form is mandated by New Jersey law, specifically N.J.S.A. 2A:162-13.
2 Its purpose is to inquire about the bail source for individuals charged with a crime that has bail restrictions.
3 Users must provide information under penalty of perjury.
4 Information required includes defendant's employment history, names, addresses, and the amount from contributors toward bail or surety bond.
5 The form collects details on the relationship of the contributors to the defendant and the origin of the funds or property used.
6 Bail cannot be accepted until the prosecutor is provided with the completed form.
7 The form is a product of the Attorney General form P.L. 2007, c. 46.
8 It includes sections for information on individuals posting bail, the bail bond company involved, and verification of truthfulness under penalty of perjury.

Nj Bail Source: Usage Guide

Filling out the New Jersey Bail Source Inquiry Questionnaire is a critical process that demands attention to detail and thoroughness. This document is used to provide the court with necessary information regarding the financial sources used for posting bail. It’s designed to ensure transparency and legality in the bail process. Below are the steps required to accurately complete the form:

  1. Begin by entering the Defendant's Name and the Complaint/Warrant Numbers at the top of the form to identify the case clearly.
  2. In the section labeled INFORMATION ON DEFENDANT, provide the defendant's full name, date of birth, social security number, and the bail amount set by the court.
  3. Enter the address where the defendant will live while on bail, ensuring it is a complete and current residence.
  4. Detail the defendant’s employment history over the last three years. This includes listing the names and addresses of all employers, job titles, dates of employment, and monthly income for each position held.
  5. Move to the section labeled INFORMATION ON INDIVIDUALS POSTING BAIL. Here, list the name, address, contact information, relationship to the defendant, and amount of money or property each contributor is posting. Remember, this section must be filled out for each individual contributing towards the bail, including the defendant if applicable.
  6. For each person listed in the previous step, clearly indicate the source of the money or property being used for bail. This requires specifying the name of the bank, city and state, type of account (savings, checking, etc.), or if the contribution is in cash or through another form.
  7. If the bail is being posted through a bail bond company, proceed to the section labeled INFORMATION OF BAIL BOND COMPANY. Attach all relevant documents as instructed, including bail agreements, receipts, copies of checks, and any other verification documents. Fill in the name of the bail bond company, its contact details, contact person, and license or registration number.
  8. Lastly, the defendant must sign at the bottom of page 5, certifying that the information provided is true and accurate under penalty of perjury.

Once the form is fully completed and signed, it must be submitted to the appropriate authorities, typically the court or the prosecutor's office, as part of the bail process. This submission is an essential step in ensuring that the bail posted meets all legal requirements and is derived from legitimate sources.

Listed Questions and Answers

What is the NJ Bail Source Inquiry Questionnaire?

The NJ Bail Source Inquiry Questionnaire is a document that individuals charged with a crime and subject to bail restrictions in New Jersey must complete. Under the New Jersey law N.J.S.A. 2A:162-13, this form collects detailed information under penalty of perjury about the individuals (obligors, indemnifiers) posting cash bail or securing a bond, the financial sources for the bail, and any security offered. The information includes the defendant's employment history, contributors' names, addresses, the relationship to the defendant, and the nature and amount of contributions.

Why is it necessary to fill out this form?

Completing this form is a legal requirement for the process of posting bail in New Jersey. It ensures transparency in the bail process by documenting the source of funds or property used. This procedure helps prevent the use of illegally obtained funds for posting bail and ensures that the prosecutor has all the necessary information before accepting bail from a person subject to these requirements.

What information is required from the defendant?

The form requires detailed information from the defendant, including:

  • Name and date of birth
  • Social Security Number
  • Bail amount
  • Residential address while on bail
  • Employment history over the last three years, including employer name, address, job title, dates of employment, and monthly income

What details must be provided about the individuals posting bail?

For every individual contributing to the bail, the form requires:

  • Name, address, and contact information
  • Relationship to the defendant
  • Amount of money or property posted
  • Source of the funds or property used

How is the information about the source of bail funds detailed?

For each contributor, details regarding the financial source must be provided, specifying:

  1. Name of the bank
  2. City and state of the bank
  3. Type of account or source such as savings, checking, credit card advancement, investment account, or other
  4. If cash is used, this should be noted specifically as for bail or bond securing

Individuals are also required to attach documents related to the bail process, which may include:

  • Bail agreements
  • Receipts and copies of checks
  • Promissory notes
  • Employment and income verification documents
  • Property checks and appraisals

What happens if the information provided is not accurate?

As the form is completed under penalty of perjury, providing false information can lead to serious legal consequences, including charges of perjury. Accurate and honest disclosure is crucial to avoid potential criminal liabilities.

Common mistakes

When filling out the NJ Bail Source Inquiry Questionnaire, it is essential to avoid common mistakes to ensure the process is smooth and the bail request is not delayed or denied. Here are some of the most frequent errors made:

  1. Not providing complete personal information: This includes failing to fill out the defendant's full name, date of birth, social security number, and current residence where the defendant will live while on bail. Accuracy and completeness are crucial.
  2. Leaving employment history blank or incomplete: The form requires detailed employment history for the last 3 years, including the name of the employer, address, title, dates of employment, and monthly income. Omitting or providing partial information can lead to processing delays.
  3. Insufficient details on individuals posting bail: Every individual contributing to the bail must have their name, address, relationship to the defendant, and the amount of money or property posted clearly listed. Forgetting to include any contributor or detail can be problematic.
  4. Not specifying the source of the posted bail properly: It is mandatory to indicate the source of the funds or property for each person listed, such as from a savings account, checking account, credit card, cash, etc. Vague or incorrect sourcing fails to comply with the form's requirements.
  5. Failing to attach required documents for bail bond companies: If involving a bail bond company, all related documents must be attached, including Bail Agreements, receipts, and any verification documents. Missing attachments can result in an incomplete submission.
  6. Inaccurate or untruthful information: Since the form is submitted under penalty of perjury, ensuring all provided information is true and accurate is not only critical for processing but also a legal requirement to avoid penalties.

Remember, diligence and attention to detail when completing the NJ Bail Source Inquiry Questionnaire can significantly impact the speed and success of bail posting efforts. Avoiding these mistakes is essential for a favorable outcome.

Documents used along the form

When preparing or reviewing the NJ Bail Source Inquiry Questionnaire, several other documents and forms often accompany it to ensure a thorough documentation process within bail proceedings. These documents provide additional information required for a complete and lawful bail arrangement, offering insights into the financial and personal background of those involved in the bail process.

  • Defendant Information Sheet: This document collects basic information about the defendant, including their full name, date of birth, current address, any aliases used, and contact information. It's used to establish the defendant's identity and ensure accurate records.
  • Indemnity Agreement: An indemnity agreement is signed between the bail bond company (or agent) and the indemnitor (person securing the bail bond). It outlines the indemnitor's responsibilities, including paying the bond amount if the defendant fails to appear in court. This document protects the bail bond company financially.
  • Receipt of Bail Bond: This document serves as proof of payment for the bail bond service. It details the amount paid, the name of the payer, and the bond's total value. It may also list any collateral held by the bail bond company.
  • Property Check or Appraisal Form: If property is used as collateral to secure a bail bond, a property check or appraisal form must be completed. This form assesses the value of the property to ensure it covers the bond amount. It includes the property's address, a description, and the appraised value.

Each document serves a specific purpose in the bail process, ensuring transparency, legality, and accountability for all parties involved. Understanding these documents and their roles underscores the complexity of bail arrangements and the importance of accurate and comprehensive documentation.

Similar forms

The "Affidavit of Means" is a document closely related to the NJ Bail Source form, as both require detailed financial disclosures. This affidavit, often used in family law to detail income, expenses, and assets for alimony or child support cases, parallels the NJ Bail Source form's requirement for outlining the source of bail funds. Both documents serve to ensure transparency and assess the legitimacy of the stated financial capabilities, ensuring that funds are derived from lawful sources and that financial obligations can be met.

The "Financial Affidavit" required in civil litigation shares similarities with the NJ Bail Source form, particularly in its detailed account of one's financial status. Both forms necessitate a comprehensive list of assets, liabilities, income sources, and expenses. The principal objective here is to provide a clear picture of financial health and origins of funds, aiding in the determination of liability or the appropriateness of bail amounts, ensuring participants in legal proceedings disclose their financial standing accurately and completely.

"Bond Application and Agreement" documents required for securing bail bonds mimic the NJ Bail Source form in their requirement for detailed personal and financial information. These applications demand information about the bond applicant, including employment history and financial resources, similar to how the NJ Bail Source form explores the financial background of individuals posting bail. Both processes are designed to mitigate risk by ensuring the financial stability and reliability of the individuals involved.

The "Personal Financial Statement" often used by lending institutions bears resemblance to the NJ Bail Source form in its requirement for a thorough accounting of one’s financial condition. This statement demands disclosure of assets, liabilities, income, and expenses, akin to the NJ Bail Source form's detailed financial disclosures to ensure an individual's bail sources are legitimate and sufficient for the bail amount in question. These documents serve the mutual purpose of evaluating financial stability and integrity.

The "Property Deed" is another document relevant in the context of bail proceedings, specifically when property is used as collateral. Like the NJ Bail Source form, which requires detailed information on the source of bail funds, a property deed establishes ownership and the value of the property, ensuring it is a viable source for securing bail. This parallels the need for thorough vetting of bail fund origins and the legal standing of assets involved.

"Income Verification Letters" from employers or other entities providing income to an individual are closely related to information sought within the NJ Bail Source form. These letters detail the nature, amount, and duration of an individual’s income, paralleling the NJ Bail Source form’s requirements for employment history and income details to establish the legitimacy and sufficiency of bail funds derived from employment or other legitimate income sources.

"Asset Verification Documents" used in various financial transactions, including loan applications, bear a similarity to the NJ Bail Source form in their function to prove the existence and value of assets. These documents are crucial for establishing the legitimacy and sufficiency of assets, whether for securing a loan or for bail purposes, ensuring that claimed assets are both real and adequate to cover the obligations undertaken.

Finally, the "Probation Reporting Form," used for monitoring individuals on probation, shares an objective similarity with the NJ Bail Source form, focusing on the ongoing accountability of the individual. While the probation form typically monitors compliance with the terms of probation, including financial obligations, the NJ Bail Source form plays a preventative role, ensuring that bail funds originate from legitimate and lawful sources. Both forms contribute to a broader process of legal oversight and integrity within the judicial system.

Dos and Don'ts

When it comes to filling out the New Jersey Bail Source Inquiry Questionnaire, it's important to approach the task with care and attention to detail. This document requires thorough and honest information, as it's critical in the bail posting process. Here are some guidelines to follow:

What You Should Do:

  • Provide accurate information: Ensure all details you provide, from personal information to financial sources, are accurate and true. Incorrect information can lead to legal issues and delays.
  • Include complete employment history: For the past three years, list all employment accurately, including employer names, addresses, and your monthly income, as this information is critical for the bail assessment.
  • Detail financial sources clearly: For any money or property being used for bail or securing a bond, clearly indicate the source, such as a savings account, credit card, or cash. This transparency is required by law.
  • Attach supplementary documents: Attach all related documents, including bail agreements, receipts, and income verification, as requested. These documents support your application and ensure compliance.

What You Shouldn't Do:

  • Avoid leaving sections incomplete: Do not skip any sections or leave blanks. Incomplete forms can result in rejection or delay of the bail process.
  • Don’t provide false information: Falsifying information not only undermines the bail process but also carries legal consequences. Ensure everything you declare is truthful and can be verified.
  • Refrain from guessing financial details: If you're unsure about financial information, seek clarification before submitting. Guesswork can lead to inaccuracies that might complicate the bail process.
  • Avoid using unverified sources for bail: Ensure that any financial sources being used for bail or bonds are legitimate and accurately reported. Unverified or illicit sources can lead to legal complications.

Adhering to these guidelines will help ensure that the process of filling out the New Jersey Bail Source Inquiry Questionnaire is smooth and compliant with the law. Remember, the goal is to present a clear, accurate, and honest accounting of the bail sources to facilitate a fair assessment and processing of bail applications.

Misconceptions

There are several misconceptions about the New Jersey Bail Source Inquiry Questionnaire that often confuse individuals involved in the bail process. Understanding these misconceptions is crucial to ensure compliance with New Jersey's legal requirements.

  • Misconception 1: The form is an optional part of the bail process. Many people mistakenly believe that completing the Bail Source Inquiry Questionnaire is optional. However, the form is a mandatory requirement for anyone seeking to post bail in New Jersey. Pursuant to N.J.S.A. 2A:162-13, the form must be completed to provide detailed information about the bail's source, ensuring legality and transparency in the bail posting process.

  • Misconception 2: Only the defendant needs to provide their information. Some individuals think that the questionnaire only requires the defendant's personal and financial information. In reality, the form requires information from all parties involved in posting the bail, including the obligor, indemnifier, or person posting cash bail. This includes their employment history, the source of the funds used for bail, and the relationship to the defendant, to prevent the misuse of illegally obtained funds for bail.

  • Misconception 3: Personal financial information is not necessary. Another common misconception is the belief that detailed personal financial information isn't needed on the form. Contrary to this belief, the questionnaire asks for comprehensive financial details, including the source of any money or property used to post bail. This includes names and addresses of contributors, amounts contributed, and the timing of these contributions. The aim is to scrutinize the source of bail funds closely.

  • Misconception 4: The form is solely for the prosecutor's knowledge. While it's true that the completed questionnaire must be provided to the prosecutor, the purpose extends beyond just informing the prosecutor. The form is designed to maintain the integrity of the legal system by ensuring that bail money is legitimate and not derived from criminal activities. It serves a broader purpose of legal and financial due diligence, reinforcing the criminal justice system's efforts to combat money laundering and other financial crimes.

Understanding these key misconceptions about the NJ Bail Source Inquiry Questionnaire is fundamental for anyone involved in the bail process. It ensures transparency, legality, and compliance with New Jersey statutes, contributing to the integrity and fairness of the bail system.

Key takeaways

When completing the New Jersey Bail Source Inquiry Questionnaire, several key takeaways should be noted to ensure accuracy and compliance with N.J.S.A. 2A:162-13. This statute requires comprehensive disclosure of any funds or property utilized for posting bail, focusing on transparency regarding the source of these assets.

  • The completed form is a mandatory requirement for individuals charged with a crime and subject to bail restrictions, under the threat of perjury. This underscores the importance of truthfulness in the information provided.
  • Information must include a detailed account of the defendant’s employment history over the last three years, highlighting the need for specifics such as the name and address of the employer, job title, dates of employment, and monthly income.
  • Details on individuals contributing to the bail—whether through money or property—must be disclosed. This requires listing the name, address, contact information, the relationship to the defendant, and the amount contributed by each person, ensuring a clear understanding of the support network behind the bail.
  • Identification of the source of funds or property used in the bail agreement is crucial. Contributors must specify how they acquired the money or property, whether through savings accounts, credit cards, cash, or other means, promoting transparency in the bail process.
  • Any dealings with a bail bond company must be transparently documented within the form, including attachment of related documents such as bail agreements, receipts, and checks. This is vital for verifying the legitimacy of the bail bond process and the parties involved.
  • Finally, the defendant is required to certify the truthfulness of the information provided by signing the document under penalty of perjury. This signature acts as a declaration of honesty and accuracy, solidifying the seriousness of the form’s contents.

These takeaways underscore the comprehensive nature of the New Jersey Bail Source Inquiry Questionnaire, emphasizing its role in ensuring the integrity of the bail process through detailed documentation and disclosure of financial sources.

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