What is Bail?

Bail is a commonly used tool in the court system. The aim of bail is to allow the person who is being accused the chance to be outside the system until they have been granted a verdict of either not guilty or formally sentenced. In between, the person is allowed a certain degree of freedom. If you are facing charges in New York state, you might be offered a form of bail. It’s imperative for anyone facing such issues to understand what it means to be offered bail. Bail can be a huge gift. If you have it, you’ll want to understand the terms and conditions under which it is being offered. This includes the kind payment allowed, what circumstances may be in place to monitor you while you are out on bail and if that bail can be revoked. Knowing what’s going on can help make it easy for you to make this process work in your favor.

The Many Ways to Pay Bail

When the court asks for bail, it is asking for a sum of money. People agree to pay this sum and, in turn, the court system agrees to allow them to leave as long as they return on a given date. People can pay via many different forms. Cash is always acceptable. A group of people can bring the amount of money required. The entire sum is required in order for the person to have said to post bail. If even a few dollars are missing, the court will not accept it.

Credit Cards

Credit cards can also be used to help people get bail. You cannot be charged a fee for the credit card by the court system. Keep in mind the credit card companies can. All fees you pay under normal circumstances are required here.

Surety Bonds

Another option when finding the funds to provide bail is to provide what is known as a secured surety bond. This is a bond that is backed up by something you own such as real estate. If you are putting up personal property it needs to be twice as much as the bail. Real property can equal the amount of the bond.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted NJ Bar Admitted Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

Your brother was arrested in Brooklyn for a class E felony assault charge after a bar altercation, and the judge set bail at $10,000. Your family is struggling to understand why bail was even required and whether the amount can be challenged, especially since your brother has no prior criminal record and has lived in New York his entire life.

Is my brother's charge a qualified offense under New York bail law, and can we fight to get the bail amount reduced or have him released?

Attorney's Answer

Under New York's 2020 bail reform laws, most misdemeanors and non-violent felonies are considered non-qualifying offenses, meaning judges must release defendants on their own recognizance or with conditions rather than setting cash bail. However, certain charges — known as qualifying offenses under CPL §510.10 — still permit a judge to set bail, and some assault charges depending on their classification may fall into that category. Given that your brother has no prior record and strong community ties, his defense attorney can file a motion under CPL §510.20 requesting a bail reduction hearing, arguing that the current amount is excessive relative to the circumstances. The judge is required to consider the least restrictive conditions necessary to ensure your brother's return to court, which could result in supervised release, an unsecured bond, or a significant reduction in the bail amount.

This is general information only. Contact us for advice specific to your situation.

You can also use what is known as a partially secured surety bond. You can pay your own money while someone else pays the rest on your behalf. Some people opt for a form of bond known as an unsecured surety bond. Someone else will accept responsibility on your behalf. This can be anyone from a close relative to a bank official. They do not have to put up money initially. However, if you do not return on the date required for the hearing, the amount of the bond can be considered forfeit. They agree to pay this sum if you are not there on the time and date specified. You can also agree to provide your own bond where your funds are taken by the court if you do not agree to come to court.

Forms of Monitoring While on Bail