Define Bail In Law Terms 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

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.

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.

The limit varies from state to state, and some states may not have any statutory limits. For example, in California, there is no statutory limit for most crimes. However, in some states, such as Alabama, there are caps on bail amounts for certain types of offenses.

Bail eligibility refers to the conditions under which an accused person may be granted release from jail before their trial. The primary purpose of bail is to ensure that defendants appear in court for their scheduled hearings and do not pose a danger to the community.

Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein.

Some examples of typical bail amounts for common crimes are: Petty theft: $50 to $1,000. DUI: $500 to $10,000. Assault: $1,000 to $50,000. Murder: $1 million or more.

It is possible to revoke a bail bond if your circumstances or the relationship change, or you have concerns about the defendant's behavior. To revoke a bail bond in California, you will need to contact the bail bond agency and inform them of your decision.

The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.

Bail Bonds and Credit Scores It's a common misconception that co-signing for a bail bond will ruin your credit. In reality, a bail bond won't affect your credit score in any way. However, bail bond companies may conduct a credit check before allowing you to get a bail bond to make sure that you're a reliable co-signer.

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Define Bail In Law Terms In New York