New York Bail Frequently Asked Questions
Contents
In the state of New York, a judge sets the bail amount at an arraignment hearing.
The purpose of bail is to ensure that a defendant appears in court until their case is finished.
Bail is a security measure with a monetary value which can be either bond or cash and can be paid by a bail bond company.
A bond is secured by a type of collateral such as a home or piece of property.
The judge issues a ruling on a bail amount at the end of the arraignment hearing and is issued with both felony and misdemeanor offenses.
Crimes, where a judge may decide to set bail, include DWI, drug possession, robbery, burglary, assault, or grand larceny.
It’s worth getting legal advice from an experienced attorney at Spodek Law Group to ensure that all proper legal procedures are done and your rights are protected.
A judge’s considerations for setting bail
A judge looks at a defendant’s criminal history and whether the individual is at risk of committing another crime, not going to court, or presents a danger to the community.
A violent crime, such as murder, poses a higher risk to the community than someone who is charged with a non-violent offense such as petty larceny.
The judge also examines the likelihood of the defendant fleeing.
Factors that can work in the defendant’s favor include steady employment, friends and family in the area, and ties to the local community.
The role of the District Attorney and Defense counsel
The District Attorney is the one who requests bail at the arraignment hearing.
Defense counsel works to convince the judge that the defendant should be released until court, or ask for a reduction of the bail amount to something more feasible.
Paying bail
A defendant cannot pay their own bail to get released from custody.
An example of a bail amount could be $10,000/$5,000. The defendant will be released if they can pay the $5,000.
The majority of states require the defendant to pay the full bail amount to get released.
Many defendants can’t afford to pay the full amount and need to use the services of a bail bondsman, who guarantees the bail amount.
The bondsman has the power to arrest the defendant if they fail to appear in court.
Consequences of failure to appear
Bail money is forfeited if the defendant fails to show up to court.
The money can be returned, with a 3 percent reduction as a surcharge.
A judge will set a high bail amount if the crime is serious and they think the defendant won’t be able to post the amount.
Requesting a reduction in bail
The defense can request a separate hearing specifically for a reduction in bail.
The judge can re-consider the bail amount if there have been changes in the defendant’s circumstances.
It might be possible to get a reduction or bail eliminated completely.
Contact information
Contact our legal team if you need advice because you’ve been charged with a criminal offense.
Give us a call at 1-888-742-6939 to speak with our experienced criminal attorneys at Spodek Law Group if you’re facing criminal charges for legal advice.
We have multiple offices in New York City to accommodate you.
If You’re Arrested: Understanding Bail and Bond Amounts
If you’re arrested and taken to jail, the magistrate or judge might give you an opportunity to get out of jail until your court date. The person who listens to your charges will determine how much your bail will be, which is the amount you are responsible for if you want to get out of jail. Most bail bondsmen will accept a percentage of the amount of the bail as a bond amount so that you can be released.
Can A Bond Amount Be Reduced?
There are times when a bail amount can be reduced, which would often lower the bond amount as well. An attorney from Spodek Law Group can go before the judge to request a reduction if you can prove that you have a job and that you have ties to the community. Your criminal background also plays a part in whether your bond can be reduced.
What Are The Details To Know Before Contacting A Bondsman?
Whether you, a family member or a friend contact a bondsman, there are a few details that the company will need to know. The bondsman will need to know where you are located. If someone contacts an agent on your behalf, make sure you give the name of the jail as well as the city and state because there could be jails in other cities with the same name. The agent will need the full name and usually the booking number of the person in jail. A vital piece of information that the agent will need to know is the bail amount. This will determine the bond amount as a percentage of the bail is calculated that will need to be paid before you are released.
Is An Agent Required To Post Bail?
If you want to ensure that everything is done legally and that you don’t have to pay the entire bail amount, then a bondsman is often the best person to use when you’re trying to get out of jail. However, if the bail is a small amount, then you could have someone pay cash so that you’re released. Some courts will accept a property title, such as one for a house or car, as collateral for the bail amount. If you don’t have a criminal history or if the crime was minor, then the judge might not order a bail amount and let you leave the courthouse by signing your name as a promise that you will be back for your court date.
Will Bond Money Be Refunded?
Bond money usually isn’t refunded. If you know that you can’t make the court date or if you signed the bond for someone else and feel that the person isn’t going to show up for court, it’s important to let the agent know as soon as possible so that a different date can be requested or the issue can be remedied.
What Can Be Used To Pay The Bondsman?
Cash is the preferred method of most bond agents. Many will also accept a debit or credit card. If these sources are not available, then the bond agent might consider a vehicle title or the title to a home or a piece of land.
New York Bail Reduction Frequently Asked Questions
In the state of New York, a judge sets the bail amount at an arraignment hearing. The purpose of bail is to ensure that a defendant appears in court until their case is finished. Bail is a security measure with a monetary value which can be either bond or cash and can be paid by a bail bond company. A bond is secured by a type of collateral such as a home or piece of property. The judge issues a ruling on a bail amount at the end of the arraignment hearing and is issued with both felony and misdemeanor offenses. Crimes, where a judge may decide to set bail, include DWI, drug possession, robbery, burglary, assault, or grand larceny. It’s worth getting legal advice from an experienced attorney at Spodek Law Group to ensure that all proper legal procedures are done and your rights are protected.
A judge looks at a defendant’s criminal history and whether the individual is at risk of committing another crime, not going to court, or presents a danger to the community. A violent crime, such as murder, poses a higher risk to the community than someone who is charged with a non-violent offense such as petty larceny. The judge also examines the likelihood of the defendant fleeing. Factors that can work in the defendant’s favor include steady employment, friends and family in the area, and ties to the local community.
The District Attorney is the one who requests bail at the arraignment hearing. Defense counsel works to convince the judge that the defendant should be released until court, or ask for a reduction of the bail amount to something more feasible. A defendant cannot pay their own bail to get released from custody. An example of a bail amount could be $10,000/$5,000. The defendant will be released if they can pay the $5,000.
The majority of states require the defendant to pay the full bail amount to get released. Many defendants can’t afford to pay the full amount and need to use the services of a bail bondsman, who guarantees the bail amount. The bondsman has the power to arrest the defendant if they fail to appear in court.
Bail money is forfeited if the defendant fails to show up to court. The money can be returned, with a 3 percent reduction as a surcharge. A judge will set a high bail amount if the crime is serious and they think the defendant won’t be able to post the amount.
The defense can request a separate hearing specifically for a reduction in bail. The judge can re-consider the bail amount if there have been changes in the defendant’s circumstances. It might be possible to get a reduction or bail eliminated completely.
Contact our legal team if you need advice because you’ve been charged with a criminal offense. Give us a call at 1-888-742-6939 to speak with our experienced criminal attorneys at Spodek Law Group if you’re facing criminal charges for legal advice. We have multiple offices in New York City to accommodate you.