New York Bail Bond Agreement

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Multi-State
Control #:
US-00006DR
Format:
Word; 
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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

In New York, defendants may be charged a percentage of the total bail amount ranging from 6% for bonds under $3,000 to 10% for bonds over $10,000.

The city has agreed to pay up to $53 million to thousands of detainees. This would benefit 4,000 people who were pretrial detainees in city facilities, including at parts of Rikers Island and Manhattan Detention Complex from March 2018 until June 2022.

Some individuals may be released from custody after paying their bail. The city hasn't admitted any wrongdoing but agreed to pay an unspecified sum to resolve these allegations. Under the terms of the New York City bail over-detention settlement, class members can receive a cash payment of $3,500.

New York laws limit how much a bail agent may charge for a bail bond. The maximum premium is set by law and is generally non-refundable. Collateral should be reasonable, such as 10% of the bond value. Once the bail agreement is finalized, the bail bond is sent to the court for approval and the defendant is released.

The Department of Finance holds the Cash Bail funds until the court closes the case and issues a court order to refund the Cash Bail. You do not have to do anything to receive a Cash Bail refund. We usually receive the Cash Bail refund court order request from the court about six (6) weeks after the case is closed.

In total it should take about eight weeks after the case has ended for you to receive your Cash Bail refund.

On July 11, 2023 at p.m. the Court held a Fairness Hearing at the United States District Court Southern District of New York, before the Honorable John G. Koeltl. At this hearing the Court held that the Settlement is fair, reasonable, and adequate and signed the Order granting the final approval of the Settlement.

To check the status of your claim, please call the Settlement Administrator at 833-472-1994.

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New York Bail Bond Agreement