Bail in a New York Theft Case
Bail in a theft case in New York can be a worrying prospect. Individuals often want to get out of jail as soon as possible. They want to be out of jail and at home to plan their defense. In order to get out of jail, some individuals arrested on a theft charge may have to go to a bail bondsman. The bondsman would provide the tools and money needed to secure a release.
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The bail process
The bail process on a theft case would result from the arrest. An individual is arrested either while they are committing a crime or after. They are taken to a local jail and booked. Soon after their booking, an individual has to be brought before a judge. The judge decides if there is enough evidence to charge the individual. If they are charged, a person is then either granted release on their own recognizance or cash/alternative bail. The individual is also given a trial date. They will be held in jail until that trial date if they are unable to post bail.
Setting bail
Judges look into a wide variety of factors when determining bail. The most important is the chance that an individual is a flight risk. This chance intensifies if charges are more severe. A charge like theft would often result in a bail in the hundreds to thousands of dollars depending on the size of the property stolen and whether or not violence was used. Judges also look at the potential that the individual being arrested is a menace to the public. Violence in the commission of a crime may also lead to this determination that would then lead to a high bail. Excessively high bail is prohibited by the Eighth Amendment to the United States Constitution.
Ways to meet bail on a theft case
The clearest way to meet bail is to pay the bail money to the court. Paying bail money would result in the individual being released from jail as quickly as possible. But many people cannot acquire the large amounts of money required when paying bail. Some individuals may be able to raise the money from family or friends. For those individuals who cannot, they would have to turn to a bail bondsman.
The bail bondsman is basically a financial professional whose office is often located close to the courthouse. They often have an agreement with the court because of the large volume of cases that they may handle on a regular basis. The bail bondsman is not a justice official. He or she does not care whether or not an individual is being charged with a violent or property crime.
They are only interested in an individual’s credit worthiness and whether or not they will pay their bill. If it is determined that an individual is a good credit risk, the bail bondsman signs a contract with the arrested individual and the court. The arrested individual generally pays the bondsman 20% of their bail and the bondsman provides a promissory note for the rest to the court. The note is paid if the individual skips bail.
Conclusion
Any individual arrested in a New York theft case needs to consider their options. If they are able to pay their bail, they should do so immediately. They should also contact family and friends who may be able to help them cover bail with some sort of loan. The individual should then go to a bail bondsman if these efforts fail. The bail bondsman will help ensure that they will be out of jail and will have the best chance to defend themselves against any potential charges.
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Bail in a New York Theft Case
Theft in any capacity is illegal in New York, and many people are unaware just how many forms of theft are possible in this state. Not all thefts are considered the same, nor are they punished in the same capacity. There is no way to know what kind of consequences and penalties a person faces when they are arrested for any form of theft without knowing where the item was stolen, how the item was acquired, and how much the item is worth. If you are caught stealing after a break-in, you’re being charged and punished for not only theft but also breaking and entering. If you steal something that’s not entirely valuable, it’s far less serious than if you’re caught stealing something that’s worth many thousands of dollars.
One of the issues many people face when they are arrested for theft in New York is the idea of bail. Do you get to go free on bail? Do you get to stay in jail and wait for someone to post bail money to let you out, or do you have to stay there and wait for your trial? It depends on your personal case, but there are some bail issues you should be made aware of if you are arrested for theft in New York.
How Bail Amounts are Determined
Before you can be released from jail for theft in New York, you must know how it’s handled. You’ll be arrested when the evidence is enough to warrant it, and you’ll be taken to jail where you’re booked. A judge will take a look at the information provided regarding your arrest, and you are then given a chance to appear before the judge.
If you are someone accused of stealing a lot of money or possessions, chances are good the judge will not feel bad for you and want to set your bail low. If you are someone who is already wealthy or powerful, your bail amount might be set so high it seems almost impossible to pay. There is not much sympathy in New York for those who steal. It’s made even worse when you are someone who steals and already has so much.
Bail can be set at any amount, but it will depend on your means. For example, take a man who works for a fast food restaurant part-time and has a difficult time making ends meet. He steals $35,000 from someone and is issued bail of $10,000. Take a second man who steals $35,000 from someone, but he makes $500,000 per year as a company CEO. His bail might be set at $1 million simply because of what he makes and who he is. It all depends on what the judge wants to do in a case like this one.
What Happens When Money is Stolen
There is a secondary hearing required for anyone who is caught stealing large sums of money. If you are arrested for stealing a car, you aren’t required to have a surety hearing. If you are arrested for stealing money, however, you should know you will go through a surety hearing. The prosecuting attorney and the judge on the case do not want to see someone pay their bail with copious amounts of stolen money, so they will call this case into question.
In this type of hearing, you’ll find the judge wants to be sure the person paying for the bail is someone who can afford it and has no bearing on the case. The person paying must be able to afford the bail that’s set, and they must be able to afford it without the money being questioned as part of the crime that was committed.
Considerations to Make in a Theft Case
If you are arrested and accused of stealing in New York, you should know that your case could go many ways. It all depends on what you stole and how much it is worth. It also depends on how you stole it and how many other crimes you committed in the process. Once you’re arrested and charged, the court will help you determine what you are required to pay for in terms of your probation, jail time, and even your restitution.
Call an attorney to help you get through this process. If you’re accused of theft, it’s always helpful to have someone who knows the law, how it works, and what it means for you on your side. An attorney can help you prove your case, disprove the prosecution, and even get you out on bail by making additional provisions. The court might fear you will run, so an attorney can negotiate ways to get you out of jail while also preventing you from doing any running.