Understanding bail and bond can be crucial when facing criminal charges in New York. Bail releases you from jail while you await trial, but it comes with specific conditions and financial obligations.
What is bail?
Bail is a sum of money or property given to the court to ensure you return for your trial. The judge decides the bail amount by considering how serious the crime is, your past criminal record and the chance that you might flee. If you attend all court dates, the court refunds the bail money at the end of the case. However, if you fail to appear, the court keeps the bail and issues a warrant for your arrest.
Types of bail
In New York, there are several types of bail:
- Cash bail: You pay the full amount in cash.
- Bail bond: A bail bondsperson posts bail on your behalf for a fee, usually 10% of the bail amount.
- Partially secured bond: You pay a percentage of the bail amount, and a bond secures the rest.
These options provide flexibility depending on your financial situation. However, it’s essential to understand the implications of each type.
Posting bail
You can post bail at the courthouse or the jail where authorities are detaining you. If you use a bail bonds person, they will handle the process for you. It’s essential to keep all receipts and documentation related to bail payments.
Bail reform in New York
New York’s bail reform laws, enacted in 2020, aimed to reduce the number of people held in jail pretrial. The reforms eliminated cash bail for most misdemeanors and non-violent felonies, allowing more defendants to await trial at home. However, judges still have discretion to set bail for serious crimes and repeat offenders.
Getting bail money back
If you post cash bail and comply with all court appearances, you will receive your money back minus a small administrative fee if convicted. If you used a bail bondsman, the fee paid to them is non-refundable.
Understanding bail and bond in New York can help you navigate the legal process more effectively. Consulting with a criminal defense attorney can provide valuable guidance if you have questions or need assistance.