RULE N528. TYPES OF BAIL.
A. PERCENTAGE CASH BAIL
(1) A defendant for whom bail has been set or a private third party surety, with the approval of the Court or with the approval of the issuing authority and the recommendation of the Court designated bail agency, shall execute the bail bond and deposit with the issuing authority or the Clerk of Courts Criminal a sum of money equal to ten per cent (10%) of the amount of bail set, but in no event less than Fifty ($50.00) Dollars. Corporate sureties or professional bail bondsmen or agents thereof are expressly prohibited from posting the deposit for bail as provided in this Rule.
(2) Where the Court or the issuing authority releases a defendant on bail on the percentage cash bail program, the Court designated bail agency shall be designated surety for the defendant, and the defendant shall then become subject to the rules and regulations of that bail agency.
B. REAL ESTATE
(1) If realty is offered to satisfy the bail set for an individual defendant, the owner shall present justification for such by filing an affidavit containing the following information for such realty:
(a) Owner's name, address and occupation;
(b) A general description of the real estate which is offered as surety, including location;
(c) A statement of the manner in which title was obtained;
(d) A statement of all encumbrances, including taxes ,and estimated amounts required to satisfy said encumbrances;
(e) A statement of any and all other surety under-takings; and
(f) An appraisal setting the fair market value of any realty as of ninety days prior to the date said realty is offered as surety or a statement of the most current assessed valuation of any realty offered as surety.
(2) Upon review of the affidavit, the Clerk of Court Criminal Division shall deduct from the fair market value the amount of any encumbrance, lien, judgment, mortgage or obligation of record to determine the net value of the realty.
Realty shall only be accepted as consideration for bail if the net value is at least equal to the amount of the bail required.
(3) Realty shall be used as bail pursuant to this section only if it has not been posted or is not presently being used for bail for any other charges or defendants, unless permitted by court order.
Adopted December 3, 1996; effective January 20, 1997.
Amended and effective March 6, 2009.