Bail In Criminal Procedure In New York

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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

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.

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).

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.

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.

General full name. address. date of birth. relevant medical history and any available evidence, eg GP records. relevant mental health history (psychiatric/psychological counselling) and any available evidence, eg GP records or reports. if applicable, details of any support or drugs worker. passport at court (if necessary)

The bail bond agent will need you to sign some paperwork in order for you to secure their services. This usually means paying an amount to the agent, usually a percentage of the total bail amount, and signing off on any collateral for the bond.

Bail from a police station You can be given bail at the police station after you've been charged. This means you'll be released from custody until your first court hearing. If you're given bail, you might have to agree to conditions like: living at a particular address.

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.

More info

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. Article 520 of the State of New York Criminal Procedure Law Bail and Bail Bonds.Bond posting of cash bail. This brief article will discuss the bail process in New York and what one can expect during bail hearings. The Judge decides the amount of bail. Bail may be denied in serious felony cases or where the defendant has two prior felony convictions. To post bail, you must have personal identification and the incarcerated person's New York State Identification (NYSID) or Book and Case number. 1. The only authorized forms of bail are the following: (a) Cash bail. (b) An insurance company bail bond. In New York, it is the judge who sets bail, not the police or the District Attorney.

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Bail In Criminal Procedure In New York