Can I get my bail money back if I show up for all court dates in New York?

Getting Your Bail Money Back in New York

Putting up bail money for a friend or loved one is a huge sacrifice. You likely drained your savings hoping to get them out of jail pre-trial. So it’s natural to wonder – will I get that money back?

In New York, whether bail is returned depends on several factors. This article explains the bail process and when you can expect to recover your funds.

What is Bail?

First, a quick refresher on what bail actually is. After an arrest, bail is money defendants pay to the court to be released until their trial date. Judges set bail amounts based on factors like:

• Severity of charges
• Criminal history
• Likelihood to return for court dates
• Safety of the community

The purpose is to incentivize defendants to show up for future court appearances. Those who can’t afford bail must stay in jail awaiting trial.

Getting Bail Money Back

In New York, if the defendant makes all required court appearances and complies with release conditions, the bail money is returned in full when the criminal case concludes. The court gives back the money to whoever originally posted it.

So if you bail someone out, you’ll get the money back at the end as long as they don’t miss court or violate release terms. It can take a few weeks to process, but the court will cut you a check for the full bail amount.

When Bail is Forfeited

Now, if the defendant skips court or violates conditions, the court will forfeit the bail. This means you lose the money and it won’t be returned.

Bail forfeiture happens through a court order. The judge formally revokes bail at a hearing and enters a judgment against the bond. Any funds paid get transferred to the Finance Administrator.

So if you can’t produce the defendant or get them back to court, kiss that bail money goodbye. The court keeps it as penalty for failure to comply.

Are There Any Exceptions?

What if you have a really good reason why the defendant missed court, like illness or accident? In some cases, you can try to get the forfeiture reversed.

You’d have to file a motion asking the judge to vacate the bail forfeiture order. The motion must give valid excuses for the absences, along with evidence like doctor’s notes. It also helps if police were actively searching for the defendant.

The judge has discretion whether to grant the motion. But in cases of true emergency, you may get lucky and have bail reinstated so your money is returned.

Using Bail for Fines and Fees

One other situation where you won’t get the full bail amount back is if it’s used to pay the defendant’s fines, fees or restitution.

For example, say bail was $500 and the defendant is ordered to pay a $300 fine and $100 in fees. You’d only get back $100.

The court will apply bail money to satisfy these financial penalties first before returning any remainder.

Getting Bail Back After Case Dismissal

What if charges are dropped or dismissed – can you still recover bail?

Yes! Even if the case ends without a conviction, as long as the defendant attended all hearings, the bail should be refunded in full. The dismissal order will direct the clerk to exonerate any bail paid.

However, it may take up to a month after dismissal for the check to be issued and mailed out. Be patient!

Appealing Forfeiture

As mentioned earlier, if bail is forfeited you can file a motion asking the court to reconsider. But if that fails, you still have one more option – file an appeal.

You can appeal the forfeiture order to a higher court. The notice of appeal must be filed within 30 days. Your attorney will need to lay out strong legal arguments for reversing the forfeiture.

The appeals court may order bail reinstated and your money returned if it finds the lower court erred. But again, no guarantees.

When All Else Fails

If you’ve exhausted all options and the court refuses to return forfeited bail, there may still be a little hope. You can sue the bond company if you used one.

Bond agents promise to pay the bail amount if defendants don’t show up. So if they failed to deliver on getting your friend to court, you can try suing for reimbursement of the money you fronted.

You’d have to prove the bond company didn’t make reasonable efforts. But it’s one last resort to possibly recover some losses.

The Bail Struggle is Real

Coming up with bail money is difficult enough without worrying about getting it back. Hopefully this article helped explain the process and set expectations. Get any agreement with the court or bond company in writing to protect your rights.

And remember, bail reform advocates are fighting to make the system more fair and just. Money should never decide someone’s freedom.

References:

[1] Bail Information – NY Courts

[2] New York Bail Reform Law – Brennan Center

[3] How Bail Works in New York City – Brooklyn Bail Fund

[4] NY Bail Forfeiture Laws – NY State Senate

[5] New York City Criminal Court Specialized Parts