Criminal Defense Lawyers

Can I Afford Bail in My NYC Criminal Case? Getting Help with Bail Costs

Can I Afford Bail in My NYC Criminal Case? Getting Help with Bail Costs

Dealing with a criminal case in New York City can be incredibly stressful, especially when bail costs are involved. Bail refers to money or property given to the court as security to ensure you attend all required court appearances. If you cannot afford bail, you may wonder if there are any options to help with these costs. This article provides an overview of bail in NYC, how much it may cost, eligibility for assistance programs, and additional resources to help those facing financial hardship cover bail expenses.

Overview of Bail in New York City

In New York, judges have discretion in setting bail amounts based on factors like flight risk, danger to the community, and severity of the alleged crime . Bail can range from a few hundred to hundreds of thousands of dollars. Defendants unable to post full bail amounts may use a bail bondsman, who will post the full bail for a 10% nonrefundable fee .If you cannot afford bail, you may qualify for one of the following assistance programs:

The Liberty Fund

This non-profit fund assists with bail for people charged with misdemeanors and nonviolent felonies in NYC. Those facing violent felony charges are not eligible .

The Bronx Freedom Fund

This charity posts bail up to $2,000 for Bronx residents unable to afford it .

The Brooklyn Community Bail Fund

This fund assists those charged with misdemeanors and nonviolent felonies in Brooklyn by posting bail up to $2,000 .

Additional Court-Based Options

Those who cannot afford a lawyer may request representation from various legal aid organizations in NYC that provide free services to qualifying individuals . An attorney can then petition the court to lower bail amounts to affordable levels.NYC courts may also agree to unsecured bonds, which allow release without paying bail upfront, or supervised release, which involves regular check-ins with a pretrial officer instead of bail .

Determining What You Can Afford

Affording bail depends largely on your financial situation. Those with steady full-time employment, savings, access to loans from banks/family members, or other assets may be able to cover costs more easily. For low-income individuals, affording bail can be nearly impossible without assistance.To determine what bail costs you could realistically afford, consider factors like:

• Income: Include take-home pay after taxes. Can you continue working if bailed out or will you be fired? Freelancers should tally average monthly earnings. The unemployed/retired may have little income.
• Savings & Assets: Estimate total savings and assets that could be sold or borrowed against to cover bail, if needed. Many have minimal savings, while others may have brokerage/retirement accounts or property.
• Debts & Expenses: List monthly expenses like rent, food, medical bills, child support, transportation, and existing debts. Don’t forget costs of legal representation. If expenses exceed income, affording bail will be very difficult.
• Loans: Determine if you can access loans with affordable repayment terms, through banks, employers, family/friends, or home equity. Those with poor credit or little collateral may struggle getting loans.
• Assistance Options: Can you access charitable bail funds or pro bono lawyers to petition for lower/unsecured bail? If not, you must rely on personal funds.

Use the factors above to decide what bail costs you could reasonably handle. Those able to cover bail expenses may still deplete savings or go into debt paying legal fees. For lower-income individuals unlikely to access loans, bail costs must be funded through assistance programs or bail may be impossible to post.

Getting Help from Bail Bonds Companies

Commercial bail bond companies, though controversial, remain legal in New York and may help defendants unable to self-fund bail . These companies post the full bail amount to the court, allowing release from jail during case proceedings. In exchange, defendants pay nonrefundable fees to the bail bond company, usually 10% of total bail.Bail bonds can provide financing for those who don’t qualify for charitable assistance but lack funds to post bail independently. Still, bonds can lead to even greater financial distress:

• High fees paid to bail companies cannot be recovered, even if charges are dismissed.
• Most bail bond agreements allow bond agents to seize assets or property if defendants miss payments.
• Missed court dates allow bonds agents to legally apprehend and detain defendants.

Those resorting to bail bonds must understand repayment terms and collateral consequences of defaulting before signing agreements. Be sure to work with licensed bonding agents to avoid scams promising illegally reduced fees or lenient policies. Reputable agents will charge standard 10% fees and fully disclose policies/repayment terms upfront.

Additional Resources

More information on bail in NYC and help for those struggling with costs:

Financial Assistance

• The Bail Project – National nonprofit providing free bail assistance
• New York City Bar Legal Referral Service – Low-cost and pro bono lawyer referrals
• Prisoners’ Legal Services of New York – Pro bono post-conviction representation

Legal Information

• New York Courts Bail Information – Details on statutory bail rights
• New York Criminal Lawyer – Defense lawyer site explaining bail law
• Bail Reform Act of 2020 – Full text of NY bail reform legislation

Community Support

• Help When You Need It – Support groups for family of those incarcerated
• Center for Community Alternatives – Advocacy and re-entry services in Syracuse & NYC

Dealing with bail while facing criminal charges can feel hopeless, but options exist in New York City for those struggling to afford costs. Reach out to charitable bail funds, legal aid services, community advocates, and reputable bail bonds companies to understand your options fully. With the proper resources and support, covering bail may ultimately be more manageable than it initially appears.

References

1. Reddit – How Does Bail Work?
2. Quora – How Much Does The Average Person Pay For Bail?
3. New York Criminal Lawyer – NYC Bail Reform Lawyer
4. Bronx Freedom Fund
5. Brooklyn Community Bail Fund
6. LawHelpNY – Getting A Lawyer in New York City
7. FindLaw – New York Bail Bonds
8. New York Criminal Lawyer – NYC Bail Reform Lawyer