The NY Bail and Bond Process
White Plains Criminal Law
The Law Office of S.C. Davidson in White Plains can help the accused understand the bail and bond process in New York. After criminal charges are filed, the accused makes a court appearance within 72 hours of arrest, known as an arraignment. During the arraignment the defendant will enter a plea and the court will either set bail or refuse bail based on the degree of the criminal charges. Bail, money presented to the Department of Corrections to ensure a released suspect will appear for further criminal prosecution, can be paid in New York criminal cases in cash, a pledge of property, or a bail bond. If the suspect makes all court appearances, a majority of the money put forth for bail will be returned.
In some cases, the New York bail process for a criminal case can incorporate a bail sufficiency hearing, which is announced at the end of an arraignment when the judge is setting bail. The bail sufficiency hearing prolongs jail time for the suspect, because in order for bail to be accepted by the jail, there must be a hearing to ensure that the money being used has a valid source. Since the hearing must be scheduled at a later date, the suspect’s release from jail is delayed. These hearings were developed mainly for drug cases to prevent drug dealers from using their illegal earnings to post bail, although it is now used in other types of cases such as white-collar crime cases.
The New York bond process begins with searching for a bail bond company that will agree to pay the suspects bail. If the bail bond company agrees to post a bond, they are accepting to promise the suspects return to court proceedings. Bail bondsman typically post bonds for about ten percent of the actual value of the bond, therefore if an individual cannot pay the bail in cash they have another option. If bail were set to $10,000 a bail bond company would most likely charge you $1,000. If the suspect does not show up for future court proceedings, the bail bond company is required to pay the entire amount of the bail. In such a case that the suspect fails to return to court, the people who requested the bond are responsible for reimbursing the bond company for the full amount of the bond. If the suspect does show up to court proceedings, the bondsman will receive his bond back from the jail and the individual who posted bond will not owe additional funds.
For criminal defense information, as well as bail and bond information specific to your criminal law case you should contact an attorney in White Plains immediately.
