Bail Definition For Law In Bronx

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State:
Multi-State
County:
Bronx
Control #:
US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

A bail bond reference is someone who vouches for the person seeking bail. These references serve as proof that the individual will fulfill their promise to appear in court and will comply with all legal obligations.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

The Bail Eligible Offenses, 2020 Reform Edition Generally, most misdemeanors (but not sex offenses and domestic violence charges); felony drug charges (aside from Operating as a Major Trafficker, PL 220.77; and non-violent felony charges (with exceptions noted above).

To post bail, you must have personal identification and the incarcerated person's New York State Identification (NYSID) or Book and Case number. Money order from one of the following: Federal Express. U.S. Postal Service.

More info

Bail is an amount of money that some people charged with crimes have to pay in order to be released from jail while they continue to fight their case. Throughout the boroughs of New York City and elsewhere in the state, a judge may decide to set bail or another securing order at your arraignment.The purpose of bail is to hold defendants accountable and ensure they return to court. Bail and bail bonds - Bail refers to "cash bail" or a "bail bond". Cash bail is money you pay as a deposit for the release of a person who has been arrested (also known as a defendant). According to the law, judges have the option to set bail in almost any case involving a violent felony. A charitable bail organization is a non-profit organization under New York law that can pay for a defendant's bail in cash through a bail agent. As of today, DOC has failed to comply with Local Law 123. On paper, bail is pretty straightforward. It's the amount of money you have to give the court to set you free while you wait for your hearing.

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Bail Definition For Law In Bronx