Bail In Criminal Procedure In Queens

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Multi-State
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Queens
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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

Although a judge can set bail or a condition of release in one manner at your arraignment, should you commit, for example, a violent felony while you are out of custody on your original felony case a judge can set more restrictive terms of your release pursuant to CPL 530.60(2)(a).

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.

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 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).

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.

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.

Common Bond Conditions: The Essentials to Know Mandatory Court Appearances. One of the primary conditions of being out on bond is attending all scheduled court appearances. Travel Restrictions. Maintaining a Law-Abiding Lifestyle. No Contact with Certain Individuals. Compliance with Substance Abuse Testing.

More info

Bail can only be paid in person at some DOC facilities 24 hours a day, 7 days a week. Bail cannot be paid online until further notice.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. Submit a Law Firm Client Review. 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. The process of posting bail in New York varies depending on the type of bail and where the arrest was made.

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Bail In Criminal Procedure In Queens