Bail Without Prejudice In Queens

Category:
State:
Multi-State
County:
Queens
Control #:
US-00006DR
Format:
Word; 
Rich Text
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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

You may be eligible for an unsecured bond if you committed a minor crime. In addition, a court may be more inclined to offer you the option of an unsecured bond if you have no criminal history. If you accept an unsecured bond, it is in your best interest to comply with its terms.

Ing to The New York Times, "While New Jersey, California, Illinois and other states have limited the use of bail, New York is one of the few states to abolish bail for many crimes without also giving state judges the discretion to consider whether a person poses a threat to public safety in deciding whether to ...

An unsecured bond represents an obligation not backed by any assets. If you receive an unsecured bond, you can sign an agreement that you will appear in court following your arrest. If you do not appear in court per your bond agreement, you will be fined. Unsecured bonds are considered “good faith” agreements.

“Dismissed without prejudice” is a legal term that means a case is dismissed but can still be refiled at a later point. Both civil and criminal cases can be dismissed without prejudice.

Whereas a case that is dismissed “with prejudice” is dismissed permanently, a case that is dismissed “without prejudice” is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.

The FY 2024 Budget improves New York's bail laws by giving judges greater discretion to set bail for serious crimes and greater discretion in selecting appropriate non-monetary pre-trial conditions in all cases, regardless of the offense.

In some jurisdictions, the court may also allow you to post a property bond, which will use property that you own as collateral for your conditional release. Unfortunately, though, if your bail amount is high, you may not have the resources to post bail with the court on your own.

The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).

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Bail Without Prejudice In Queens