New York Motion to Release Defendant and Set Reasonable Bail

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US-02728BG
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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 second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

If a defendant is granted bail it means they are allowed back into the public while they await trial or further police investigations, instead of being remanded in custody (ie, locked up). A person can be released on bail at any point from the moment they have been arrested.

A surety bond is your most standard form of bail bond. It will cost the defendant 10% of the total bail amount*. *The bail amount is always set by a judge who uses the circumstances of the criminal act to determine the amount to charge.

A judge may only set bail or order pretrial detention in certain cases, such as violent felonies and a small number of misdemeanors, witness tampering and intimidation, terrorism and terrorism-related charges.

A New York post-conviction Criminal Procedure Law (CPL) 440 motion allows a defendant to ask the court to vacate a judgment against him or her or to re-open the case. Because filing a post-conviction CPL 440 motion is complicated, it is crucial to consult an experienced criminal defense attorney.

Your New York bail lawyer will counter the prosecutor's arguments by giving reasons that you should be released without having to post bail (ROR), or that you should have to post a low bail. Ultimately, the judge will decide whether or not bail is required and if so, the amount.

Section 510.30 of the Criminal Procedure Law required the judge to consider various factors in setting bail, including the defendant's previous record, financial resources and ties to the community.

At a bail hearing, a prosecutor (in most cases) summarizes the nature of the offence(s), the evidence against the accused and the factors that will assist the court in making a decision.

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New York Motion to Release Defendant and Set Reasonable Bail