Bail In Criminal Proceedings In Bronx

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State:
Multi-State
County:
Bronx
Control #:
US-00006DR
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Word; 
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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.

To request a Certificate of Disposition bring the following items to the Central Clerk's Office in the court in which your case was processed: Defendant's full name and date of birth • Docket Number (if you know it) • Picture I.D. $10.00 (exact change only). If you are receiving public benefits, present your valid N.Y.

For less severe offenses, such as misdemeanors, bail may be more readily granted. In contrast, for violent or serious felonies, it may be more challenging to secure release.

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.

Yes! In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation. When someone is arrested, they have a first appearance soon after.

In what cases are judges prevented from setting bail? 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).

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).

Is New York Bail Reform Still in Effect? Yes, bail reforms which were enacted in 2019 are still in effect. However, there were certain rollbacks made thereafter which have limited, to some extent, the reforms that were put in place.

More info

To post bail, you must have personal identification and the incarcerated person's New York State Identification (NYSID) or Book and Case number. The Judge decides the amount of bail.Bail may be denied in serious felony cases or where the defendant has two prior felony convictions. If you need help with bail related matters, contact us online or call today. To post bail, you must present personal identification and provide the New York State Identification (NYSID) or Book and Case number of the person to be bailed. Cash bail may be paid to the court clerk, at any correctional facility (jail) in the City, or online if the judge says this is allowed. This brief article will discuss the bail process in New York and what one can expect during bail hearings. Federal charges in the Bronx are filed in the U.S. District Court for the Southern District of New York. A higher court judge can change the bail in a Supreme Court proceeding, but that is rarely successful. As of today, DOC has failed to comply with Local Law 123.

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Bail In Criminal Proceedings In Bronx