Bail is designed to ensure you, the defendant, attend your scheduled court hearing after your pre-trial release. The judge sets the bail amount during the arraignment hearing based on the case facts. It is vital to understand how does bail bond work in New York because the process is more complicated than in other states. For instance, the judge can release you without posting bail for most crimes. Thanks to New York's bail reform.
How Judges Determine the Bail Amount
Under the New York laws, a judge might not set bail on many nonviolent felonies and misdemeanors unless the crimes involve sexual misconduct or domestic violence. Nevertheless, if the judge releases you on one charge and the police arrest you on another, the judge may still set bail on the subsequent case, even when the crime is a nonviolent felony or misdemeanor.
If you are prosecuted for an offense that qualifies for granting bail, the court should determine whether you are a flight risk. If you are, the judge should decide if requiring you to meet the electronic monitoring requirement or completing a program is adequate to ensure you do not flee the jurisdiction.
When determining your bail amount, the judge should consider whether the amount will cause undue hardship to you and your family. Other factors the judge considers include the following:
- The nature of the alleged crime
- Your criminal record
- Whether you pose a threat to society
How Does Bail Bond Work in New York
If you cannot raise the set bail amount, you can partner with a bondsman who will post your surety bond. The bondsman will assure the court that you will abide by your release conditions, including making court appearances, in exchange for a nonrefundable fee that is a portion of the bail amount.
The process of how bail bonds work in New York starts with calling your bondsman and providing them with essential information. The bondsman will review the information to assess the risk of providing a surety bond. The company will also explain the conditions of your bail bond contract.
Next, the bondsman will post the surety bond with the court. You will be released from detention in a couple of hours.
The bondsman has the responsibility of ensuring you attend a court hearing. If you skip bail, your bondsman becomes financially liable to pay the entire bail money to the court. To avoid losses, the bondsman will use bounty hunters to find and return you to court.
Changes to Bail Bonds in New York
Here is how does bail bond work in New York regarding bail bond reforms:
- A person prosecuted for a Class E felony, misdemeanor, or violation will receive an appearance ticket to show up in court. If you fail to attend the scheduled court hearing, the judge will issue an arrest warrant against you.
- Even when you do not qualify for an appearance ticket, the judge could release you without bail if your crime is nonqualifying.
Find a Knowledgeable Bondsman Near Me
Since the criminal judicial process can be confusing, you should understand how does bail bond work in New York as one of the steps of securing your release. Mr. Nice Guy Bail Bonds can help you secure a prompt release, allowing you to focus on what matters most, including returning to your employment and building your defense. Please call our California office at 844-400-2245 to learn how we can help you.
