Bail refers to the money or other security that someone arrested for a criminal offense gives to the court in exchange for early release from jail before a court date is set under the condition that they promise to appear at this date. Posting bail through cash, a bail bond, or other methods allows the accused to return to their normal life, live at home, attend work, and support their families rather than being incarcerated for an indefinite amount of time until their case can be resolved.
How Do Bail Bonds Work in NY?
When an individual is arrested, they are brought before a judge for arraignment, where the formal charge will be read, and the defendant will either plead guilty or not guilty to the charge as filed. The judge will then dismiss the case or set a later trial date. If the case is set for trial, the judge determines whether to grant release from jail under certain conditions. The defendant’s attorney can apply for bail, and the judge will grant or deny this request if they believe the defendant does not qualify for bail requirements. The judge can also require payment of a specific type of bond, usually cash bail or bail bond. Because payment is due immediately, many defendants cannot afford to pay this lump sum in cash and must obtain a bail bond for release.
Judges review the following factors when deciding whether to grant bail:
- -The specific charge
- -The seriousness of the offense
- -The material facts of the case
- -The defendant’s criminal record
- -The defendant’s moral character
- -The defendant’s employment status and ties to the community
- -Whether the defendant has a prior history of missing court dates or failing to comply with the rules of the court or bail bonds company
- -The probability of a conviction in the case
- -The potential sentence if the defendant is convicted
Bail bonds are a form of surety bond in which the defendant’s relative or friend uses the services of a bail bonds agency or commercial bail bond agents to obtain the bond in exchange for paying a reasonable premium and co-signing an agreement stating the defendant will meet certain conditions upon release. Generally, this means appearing at any scheduled court dates and not violating any subsequent laws or Orders of Protection. The company may also impose additional conditions, such as making weekly reports and charging penalties for missed appointments. In most cases, the deposit must be paid in cash, but sometimes collateral such as real estate property or other assets may be used to secure the bail bond.
After the bail bond agreement is signed, the bail bond company posts the bond at the courthouse in the defendant’s presence or the Department of Corrections if that is where the defendant is being held. When the defendant is released, they are legally obligated to appear in court when necessary. Any purposeful violation of bail conditions or failure to appear means bail will be forfeited. The company will seek reimbursement or seize the collateral listed in the bail bond agreement. If the violation was not intentional, the defendant’s lawyer might argue to reinstate the bail, and the judge may grant reinstatement at a higher amount than initially set. Bail is returned in full to defendants who are acquitted or found not guilty, but the defendant must pay a 3% surcharge if convicted of the offense.
FAQs About Bail Bonds in New York
How Do You Get a Bail Bond in New York?
After being arrested, defendants are either granted or denied bail during an arraignment or bail hearing. If they cannot afford to immediately pay the set bail amount in cash, a relative or friend can obtain a bail bond by co-signing a written agreement with a bonds person stating that the defendant will appear at any required trials or court dates or must pay back the full bail amount if they do not appear or otherwise comply with the terms established by the bonding company, which then posts the bail bond on behalf of the defendant.
How Do Judges Set Bail?
Judges can follow a standard bail schedule when setting bail, set a higher or lower amount, or determine bail based on the circumstances of the case. Bail for felony charges can be five to 10 times this amount or denied altogether if the defendant has two or more prior felony convictions or the judge believes that the defendant may flee the state upon release.
How Much Is Bail on a $10,000 Bond?
The amount that a bond company can legally charge a defendant varies depending on different states and their regulations. A judge must review and approve a bond before a bail bonds company can cover the bond in exchange for a premium and collateral. In New York, defendants may be charged a percentage of the total bail amount ranging from 6% for bonds under $3,000 to 10% for bonds over $10,000. For example, bail on a $10,000 bond is typically 8% of the total or $800.
Do You Get Bail Money Back in NY?
In most cases, defendants do not recover bail money until after the case is resolved. If a case is dismissed or the defendant is found not guilty, the state will mail a check containing the full bail amount to the person who paid the bail. If the defendant is found guilty and convicted, they are required to surrender 3% of the total posted bail to the government in the form of a surcharge. If the defendant violates the condition of their release by failing to appear in court, bail will be forfeited, and an arrest warrant may be issued. In this case, the bail bond company will seek reimbursement from the defendant and seize any collateral used to obtain the bond.
Hire the Law Offices of Robert Tsigler to Secure Bail
If you are charged with a crime, the judge’s decision to grant your request for bail will depend on your ability to prove that you are not a flight risk and do not pose a risk of committing additional offenses while out on pretrial release. An attorney familiar with the state’s bail guidelines can help you determine whether a judge is likely to set bail for you and argue for reduced bail if the required amount is too high when considered against the facts of the case. Contact the Law Offices of Robert Tsigler today to speak with our team.
