Bail Define In Law In New York

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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

Some courts may require that you make your request in person, while others may honor requests made by mail, phone, or online. Some courts may require that you complete a specific disposition request form. The best way to find out what's required for your case is to ask someone in the county clerk's office.

To obtain a certificate of disposition, bring the following information to the Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000. Indictment or SCI number. Defendant's full name. Defendant's date of birth.

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.

A disposition tells you that the person was arrested and accused, and indicates what happened as a result. Sentencing exists only if the person pleaded guilty or was convicted. Every criminal case should have a disposition.

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.

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.

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.

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

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.

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. 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. Collateral.The purpose of bail is to hold defendants accountable and ensure they return to court. New York's controversial cashless bail legislation eliminated the use of cash bail for all but the most serious felonies and misdemeanors. Upon a favorable disposition to the defendant (dismissal or acquittal of all charges), the entire amount of bail posted is refunded. Transfer of cash bail from local criminal court to superior court. S 520.10 Bail and bail bonds; fixing of bail and authorized forms thereof. 1. "Bail" means cash bail , a bail bond or money paid with a credit card. 10. BAIL: Property given as surety that a person released from custody will return at an appointed time. First of all, the question may arise, "What is bail?

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Bail Define In Law In New York