Bail Explained:
Bail represents the amount of money posted with the Court/Jail to have the accused released during the pendency of the case. Bail is most often posted in the following two ways:
1. Cash bail: Simply put, an actual sum of money posted. Depending on the location and jurisdiction, cash bail may be posted in cash, certified check, money order, or credit card. Our office will be be able to tell you exactly what forms of money you may use to post bail depending upon the location of the accused.
2. Bail Bond: A bail bond is similar to an insurance policy. The bail bondsman posts a bond with the Court insuring the accused’s appearance in Court. If the accused fails to show up in Court and the Court forfeits the bail, the bail bondsman is responsible for that sum of money. Generally speaking, the amount of money required to post bail by bond will be significantly less than the actual cash bail set by a Judge but, bail bondsmen retain a fee to post the bond. That fee is not returned.
Will I Get My Bail Back:
A small percentage of cash bail is kept by the Court as a fee. The remainder is returned to you once the case is concluded so long as the accused made all of his appearances. In some instances, bail may be exonerated prior to the conclusion of the case.
How Much Bail will be Set:
The answer to this question is dependent upon several factors including the number of prior offenses committed by the accused and the nature of the charges facing the accused. A New York criminal defense attorney with full knowledge of the accused’s record and the charges facing him may be able to provide a good estimate of the bail to be imposed prior to the arraignment.
How Do I Post Bail:
The answer depends upon where in New York the accused is being housed. Generally speaking, bail may be posted at the jail currently housing the accused or in Court. For specific information, you should contact the attorney handling the case.
Bail Sufficiency Hearings:
A bail sufficiency hearing is sometimes ordered in certain cases. An excellent example is in the case where the accused is charged with drug dealing. The purpose of the Bail Sufficiency Hearing is to determine whether the bail to be posted is coming from a legitimate source and not from profits gained from the accused’s illegal activities. Although the bail amount was set and posted, the hearing must still be conducted prior to the accused gaining release from incarceration. This causes a delay in achieving release irrespective of the fact that the bail was posted.
Bail represents the amount of money posted with the Court/Jail to have the accused released during the pendency of the case. Bail is most often posted in the following two ways:
1. Cash bail: Simply put, an actual sum of money posted. Depending on the location and jurisdiction, cash bail may be posted in cash, certified check, money order, or credit card. Our office will be be able to tell you exactly what forms of money you may use to post bail depending upon the location of the accused.
2. Bail Bond: A bail bond is similar to an insurance policy. The bail bondsman posts a bond with the Court insuring the accused’s appearance in Court. If the accused fails to show up in Court and the Court forfeits the bail, the bail bondsman is responsible for that sum of money. Generally speaking, the amount of money required to post bail by bond will be significantly less than the actual cash bail set by a Judge but, bail bondsmen retain a fee to post the bond. That fee is not returned.
Will I Get My Bail Back:
A small percentage of cash bail is kept by the Court as a fee. The remainder is returned to you once the case is concluded so long as the accused made all of his appearances. In some instances, bail may be exonerated prior to the conclusion of the case.
How Much Bail will be Set:
The answer to this question is dependent upon several factors including the number of prior offenses committed by the accused and the nature of the charges facing the accused. A New York criminal defense attorney with full knowledge of the accused’s record and the charges facing him may be able to provide a good estimate of the bail to be imposed prior to the arraignment.
How Do I Post Bail:
The answer depends upon where in New York the accused is being housed. Generally speaking, bail may be posted at the jail currently housing the accused or in Court. For specific information, you should contact the attorney handling the case.
Bail Sufficiency Hearings:
A bail sufficiency hearing is sometimes ordered in certain cases. An excellent example is in the case where the accused is charged with drug dealing. The purpose of the Bail Sufficiency Hearing is to determine whether the bail to be posted is coming from a legitimate source and not from profits gained from the accused’s illegal activities. Although the bail amount was set and posted, the hearing must still be conducted prior to the accused gaining release from incarceration. This causes a delay in achieving release irrespective of the fact that the bail was posted.
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