Blog
Understanding the Process of Posting Bail in Brooklyn
Contents
Understanding the Process of Posting Bail in Brooklyn
Getting arrested and taken to jail can be an incredibly stressful and scary experience. As you’re sitting in a cell, unsure of what’s going to happen next, one of the first things you’ll probably be wondering about is bail – how much it will cost to get out of jail while your case moves forward. This article provides an overview of how bail works in Brooklyn and the process of posting bail so you can get released faster.
Overview of Bail in Brooklyn
Bail is an amount of money set by the court that allows a defendant to be released from jail while their criminal case is pending. It acts as collateral to make sure you show up for all future court appearances. If you miss a court date or violate any conditions of your release, you forfeit the bail money.
In Brooklyn, bail is typically set at arraignment, which is your first court appearance after being arrested, usually within 24 hours. The amount depends on a few factors like the seriousness of charges and your criminal history. A judge has discretion but uses recommended bail amounts set by the New York State court system as a starting point.
Bail can be posted in different forms:
- Cash bail – You or family/friends pay the full bail amount in cash up front. You get the money back at the end of the case as long as you make all court appearances.
- Bond – Instead of paying 100% in cash, a bail bonds company will post a bond for usually 10% of the total bail. This nonrefundable fee is how they make money.
- Partially secured bond – The court may approve a lower percentage to be paid up front, like 20%, with collateral due if you miss court.
- Unsecured bond – Released without paying anything up front but owe the full bail amount if you fail to appear.
- Non-monetary release conditions – Released without bail but must follow rules like check-ins.
Bail reform laws passed in 2020 aim to reduce pretrial incarceration of lower risk defendants who can’t afford cash bail. Many charges have preset non-monetary release conditions instead of cash bail options.
How to Post Bail in Brooklyn
Posting bail in Brooklyn involves coordination between a few parties and navigating the bureaucracy of the jail system. Here is the basic process:
1. Get bail information
Find out the exact bail amount and any other release conditions set by the court at arraignment. If you weren’t at the hearing, call the courthouse clerk. Make sure the bail receipt says “cash bail only” if paying in full.
2. Choose a bail payment option
If the bail amount is low enough to afford paying in cash up front, this ensures getting it all back. Using a bail bond company charges a nonrefundable fee but requires less money down. Shop around as bond rates can vary.
3. Complete paperwork
Paperwork is required for the jail to release the defendant. A bonds agent will handle it if going that route. For cash bail, get forms at the clerk and courthouse to prepare a bail receipt for payment.
4. Pay bail amount
Take cash, certified check, or money order to the court cashier along with completed paperwork. Bonds agents pay the jail directly. Credit cards or personal checks are not accepted.
5. Wait for release
It takes time for the jail to process bail payments and release paperwork. Factors like staffing levels, time of day, and jail population impact wait times. In Brooklyn, expect it to take 8 to 24 hours.
6. Get bail back
For cash bail, if all court appearances are made, take the original receipt to the finance clerk after the case ends to get your money back. Bond companies keep their fees.
Finding Help with Bail
The bail system and release process can feel complicated, especially if you don’t have experience with arrests. Here are some options to help navigate it:
- Hire a criminal defense lawyer – They understand the system best and can advise on bail strategies, negotiate amounts, and handle processing. Brooklyn lawyers can be found through Avvo, LawInfo, and FindLaw.
- Ask public defenders – At arraignment, speak to your assigned 18B lawyer for free help understanding bail.
- Contact bail funds – Nonprofits like the Liberty Fund or Brooklyn Community Bail Fund can post bail for those who can’t afford it.
- Use bail bonds companies – They charge a fee but post bond so less money is due up front. Comparison shop for the best rates.
Posting bail in Brooklyn can be complicated but is very common after an arrest. With some guidance on the process, paperwork, and options like using a bond agent or bail fund, getting out faster is possible. Reach out for help if you have any questions!
Resources
Videos explaining bail in Brooklyn criminal cases:
Articles with more details on posting bail in Brooklyn:
- How New York’s Bail System Works – NY Courts overview
- How Bail Works in Brooklyn – Gothamist