How Bail and Bond Work in Federal Criminal Cases in New York City

How Bail and Bond Work in Federal Criminal Cases in New York City

Getting arrested for a federal crime in New York City can be a scary experience. Many people find themselves unsure about how the bail process works and what options they have. This article provides an overview of bail and bond in federal criminal cases in NYC.

What Happens After a Federal Arrest in NYC?

After being arrested by federal agents in New York City, you’ll be taken to a federal detention center to be booked and processed. Initial court appearances usually happen within 24-48 hours before a federal magistrate judge. This is when bail will first be considered.

The judge will decide whether to release you on your own recognizance (no bail required), release you on bail, or detain you without bail. Factors considered include:

• Severity of the charges
• Your criminal history
• Your ties to the community
• Employment and financial situation
• Risk of flight or danger to the community

If the judge sets bail, you or your lawyer can pay the bail amount directly to the court. Or, you can use a bail bondsman who will post a bond for a fee, usually 10% of the bail amount. The bondsman takes on the financial risk if you don’t show up for court. More on bail bonds later.

Types of Bail Release in Federal Cases

There are a few main options for bail release in federal criminal cases:

Release on Personal Recognizance

This is when the judge releases you without requiring any bail payment. It’s based on your promise to return for future court dates. Judges may allow this for low-level, non-violent crimes if you have strong community ties.

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Unsecured Bond

With an unsecured bond, you don’t have to put up any money or collateral. But you still promise to pay the full bail amount if you miss court. Unsecured bonds are more common than release on recognizance for federal cases.

Cash Bail

This requires you or your lawyer to pay the full bail amount in cash to the court. You get the money back when the case concludes, minus any court fees. Cash bail is less common in federal cases.

Secured Bond

With a secured bond, you pay 10-15% of the total bail amount to the court. You get this money back if you make all court appearances. Secured bonds are more common than cash bail for federal cases.

Property Bond

Here, you put up real property, like a house or land, as collateral for the full bail amount. The court can seize the property if you miss court dates. Property bonds are rare in federal criminal cases.

Using a Bail Bondsman in Federal Cases

Bail bondsmen are commonly used in state cases, but less so for federal. Still, they’re an option if you can’t pay the bail amount yourself.

A licensed bondsman will post a surety bond with the court for a fee, usually 10% of the total bail. They take on liability for the full amount if you fail to appear. Their fee is nonrefundable, even if charges are dropped.

Bondsmen may require collateral like property or cash up front in case you abscond. They can legally apprehend and surrender you if you miss court. Be sure to understand all terms before using a bail bondsman.

Federal Bail Reform Efforts

In recent years, there’s been a push to reform federal bail laws to reduce reliance on cash bail. Advocates say cash bail unfairly impacts the poor and leads to mass incarceration.

The Bail Reform Act of 1966 established a presumption of release for noncapital federal defendants. But judges still have broad discretion to set bail.

New York passed bail reforms for state cases, but not federal. Some things reformers want to see:

• More unsecured bonds or release on recognizance
• Bail based on ability to pay, not preset amounts
• Restrict cash bail for low-level crimes
• Consider community ties and public safety risks

Opponents argue cash bail encourages court appearances. There are pros and cons to reforming versus keeping the current federal bail system.

Federal Bail Hearings in New York

Bail hearings typically happen 1-3 days after arrest when you’re brought before a magistrate judge. Prosecutors will recommend bail terms to the judge.

In New York, bail hearings happen at one of two federal courthouses – the Daniel Patrick Moynihan U.S. Courthouse in Manhattan or the Eastern District Court in Brooklyn. Hearings are typically open to the public.

You or your federal criminal defense lawyer can argue for lower/no bail. Bring evidence of community ties, employment, and past record of appearances. The judge decides bail terms after hearing both sides.

Federal Bail Appeals in NYC

If bail is set higher than you can pay, you may file an emergency bail appeal. Your lawyer petitions the District Court judge to review the bail terms for possible reduction or release.

The judge will consider the flight risk and danger to the public if released. Bring evidence the initial bail was unreasonable. The judge can adjust bail terms if arguments are persuasive.

Federal Bail Jumping Charges

Missing court dates after release on bail is a federal crime under 18 U.S. Code § 3146. Penalties for bail jumping include:

• Up to 1 year in prison for misdemeanor failure to appear
• Up to 10 years for felony failure to appear
• Fines up to $250,000
• Additional charges for fleeing across state lines

A skilled federal defense lawyer can sometimes get bail jumping charges dropped or reduced if there’s evidence of a misunderstanding versus intentional absconding.

Federal Pretrial Detention in New York

If the judge denies bail, you’ll be held in pretrial detention until the case resolves. In New York, common federal pretrial facilities are:

• Metropolitan Detention Center in Brooklyn
• Metropolitan Correctional Center in Manhattan

Pretrial detention averages around 10 months for federal cases that don’t go to trial. Speak to your lawyer about options like negotiating a plea deal for reduced charges or sentencing.

Federal Bail Bonds Process in NYC

If using a bail bondsman, here are the typical steps:

1. Research reputable bail bonds companies licensed in New York
2. Choose a bondsman and have them contact the court about your bail terms
3. The bondsman posts a surety bond with the court for the full bail amount
4. You or a cosigner pay 10-15% of the bail amount as the bondsman’s fee
5. The bondsman may require collateral and your signature on a promissory note
6. Upon release, you must appear at all court dates until the case ends
7. If you miss court, the bondsman is liable for the full bail and will apprehend you

Bondsmen charge nonrefundable fees, even if charges are eventually dropped. Read all terms carefully before agreeing to use a bail bonds service.

Federal Bail Reform Organizations in NYC

Groups advocating for federal bail reform in New York include:

• The Brooklyn Community Bail Fund – Pays bail for low income defendants
• Vera Institute for Justice – Leading bail reform non-profit
• The Bronx Defenders – Legal aid/policy reform group

Contact a group like this if you or a loved one cannot afford cash bail for a federal case. They may be able to help.

Federal Bail Bondsmen in New York City

If considering a bail bondsman, research reputable NYC companies like:

• New York City Bail Bondsman
• Empire Bail Bonds
• A Best Bail Bonds

Read reviews and compare rates carefully. A bondsman takes on financial liability, so be sure they are legitimate before agreeing to terms.

Federal Bail Statistics in New York

Some key stats on federal bail in NYC:

• Around 25% of federal defendants are denied bail in New York
• The average federal bail amount in NYC is $150,000-$200,000
• About 15% of released federal defendants fail to appear in New York
• Drug trafficking has the highest average bail amount of any federal crime

Federal pretrial detention rates in New York are near the national average. Bail denial is more likely for violent crimes and repeat offenders.

Federal Bail Process Summary

The federal bail system in New York aims to balance public safety needs with defendant rights. Judges have discretion to set bail terms on a case-by-case basis.

Cash bail is less common in federal cases than unsecured bonds. Using a bail bondsman involves paying nonrefundable fees. Missing court dates can lead to bail jumping charges.

Bail reform advocates say more release on recognizance could reduce inequality and overcrowded jails. But opponents argue some cash bail may be necessary to ensure court appearances.

If you face federal charges, an experienced criminal defense lawyer can advise on bail options and argue for release or favorable terms.