When someone is arrested in New York State, they may be required to post bail in order to be released from custody before their trial. Bail is a sum of money or property that is paid to the court as a guarantee that the defendant will appear in court for all scheduled appearances. In this article, Eastcoastlaws.com will answer some frequently asked questions about bail in New York State.
What Is Bail?
Bail is a sum of money or property that is paid to the court as a guarantee that the defendant will appear in court for all scheduled appearances. If the defendant fails to appear in court, the bail may be forfeited, and a warrant may be issued for their arrest.
How Is Bail Determined In New York?
Bail is determined based on several factors, including the severity of the offense, the defendant’s criminal history, and their ties to the community. Judges use a bail schedule to determine the appropriate amount of bail for each offense, but they also have the discretion to deviate from the schedule if necessary.
What Are The Different Types Of Bail?
The judge will typically demand bail in the form of money or a bond. When you post a bond, a business, such as an insurance company, promises to cover your bail costs in the event that you don’t appear in court. The bail bondsman will charge you a nonrefundable fee if your bail is paid with a bond.
Cash, an insurance company bail bond, a secured surety bond, a partially secured surety bond, a partially secured appearance bond, an unsecured surety bond, an unsecured appearance bond, and a credit card are all acceptable methods of payment for bail. It should be noted that while a cashier’s check is acceptable, a personal check cannot be used to pay for bail.
What Happens If I Can’t Afford Bail?
If you can’t afford to pay bail, you may be eligible for a bail reduction or an alternative to bail, such as release on recognizance (ROR) or supervised release. You can request a bail reduction hearing to ask the court to lower your bail amount, or your lawyer can negotiate with the prosecutor to reach a plea agreement that includes a ROR or supervised release.
Where Is Bail Paid?
At the courthouse or the Department of Prisons, bail can be paid in court. You, the defendant, must appear in court in order to make the payment in person. For instance, your family member or acquaintance can pay the bond right away at the courthouse if it was set at the arraignment. You won’t be taken to the Department of Prisons if bail is paid right away following arraignment. Instead, you’ll be allowed to leave the courthouse. After being arraigned, you can pay your bail when you visit the courthouse for subsequent appearances.
Bail must be paid at a Department of Prisons facility, such as Rikers Island, Brooklyn Detention Complex, Manhattan Detention Complex, or the Vernon C. Bain Center if you are being detained there.
Can Bail Be Paid With A Credit Card Or Personal Check?
In most cases, bail can be paid with cash, certified check, or money order. Some courts may also accept credit card payments, but personal checks are generally not accepted.
What Happens If I Can Not Post Bail?
If you are unable to post bail, you will be detained in jail until your case is over, as a New York bail lawyer would clarify. With the assistance of a bail lawyer versed in New York’s bail laws, you can ask the judge to lower your bail if you feel it is excessive given the circumstances of your case.
What Happens To The Bail Money After The Case Is Resolved?
If the defendant appears in court for all scheduled appearances, the bail money is returned to the person who posted it, usually minus a small administrative fee. If the defendant fails to appear in court, the bail may be forfeited, and the court keeps the money.
Will I Get The Bail Money Back?
If you appear in court as scheduled, your bail money will be reimbursed at the conclusion of your case. In other words, it’s up to you whether the bail money gets reimbursed. You will receive a full refund of your bail money if you are found not guilty or if your case is dropped. If you show up for all of your court dates but are found guilty, the bail will be refunded to you less a 3% fee.
The judge will issue a “forfeit order” for your monetary bail if you fail to appear in court. You can, however, request to get the cash bond returned despite failing to appear in court with the assistance of a knowledgeable New York bail attorney. If your bail is covered by a bond, you’ll have to pay bond fees that are not refundable no matter how your case turns out.
Can Bail Be Revoked?
Yes, bail can be revoked if the defendant violates the conditions of their release or fails to appear in court. If bail is revoked, the defendant may be returned to custody until their case is resolved.
What Happens If The Defendant Is Acquitted Or The Charges Are Dismissed?
If the defendant is acquitted or the charges are dismissed, the bail money is returned to the person who posted it, usually minus a small administrative fee.