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How do I arrange for bail money if bail is set in New York?

March 21, 2024 Uncategorized

Arranging Bail Money in New York

If you or a loved one has been arrested in New York and the judge has set bail, scrambling to pay it can be incredibly stressful. Where do you even start coming up with hundreds or thousands of dollars on short notice?

The good news is you have options. While paying the full bail amount upfront is one route, you can also use a bail bondsman, put up collateral, or ask family and friends for help. I’ll walk through the common ways to arrange bail money in NY.

Paying Bail at the Courthouse

After bail is set at your arraignment, the most direct option is to simply pay the full bail amount at the courthouse before leaving. This immediately satisfies the bail requirement in cash and allows your release[1].

Many courts only accept cash, so check in advance what forms of payment are allowed. ATMs are often available nearby.

If you can’t pay at the courthouse, bail can also be posted later at the jail holding the defendant. But this delays release until payment is made.

Using a Professional Bail Bondsman

Instead of paying the bail amount in full, you can use a bail bondsman who will post a surety bond for a fee, usually 10% of the total bail. This saves you from fronting the entire amount[2].

The fee is nonrefundable even if charges are dismissed. The bondsman may also require collateral like a lien on property. Make sure to read the contract closely.

Using an Insurance Company Bond

Some insurance companies offer bail bond services similar to bondsmen. They charge a smaller percentage fee such as 3-5% of the bail amount to post a bond using their insurance backing[3].

This may save a bit versus a traditional bail bondsman. Shop around to compare rates and terms.

Tapping Into Savings

For defendants with sufficient savings, paying cash bail from your own funds may be the simplest option since you get the money back. This avoids any bondsman fees.

Just make sure to keep the receipt! The court returns the bail money when the conditions are satisfied, minus any court fees or fines.

Borrowing from Family or Friends

Asking family members or friends to help post bail is very common. Often a group will pool together resources to raise the needed amount.

Make sure the person posting bail signs the paperwork and keeps receipts for reimbursement. Any loss of bail money if conditions aren’t met would be their responsibility.

Using Credit Cards

Some courts allow using credit cards to pay bail. This could be an option if you have enough credit limit and can handle the financing charges[4].

Cards may also give you rewards on large bail payments. But interest rates are usually high, so repay the balance quickly.

Taking Out a Personal Loan

Borrowing a personal loan from your bank or credit union is another potential route for financing bail. Interest rates are normally lower than credit cards.

Pay off the loan as soon as possible to avoid accruing too much interest. A co-signer may help secure approval if your credit is limited.

Using Collateral Property

Some bondsmen accept collateral like real estate or vehicles to secure bail bonds instead of requiring the full fee upfront. But it’s risky – you could lose the property if bail terms aren’t met[5].

Carefully read any collateral agreements and understand all risks before pledging property. You may end up losing more than just bail money.

Crowdfunding

If family and friends can’t cover the bail amount, some turn to crowdfunding sites like GoFundMe. Strangers may donate to help meet the goal.

Just be aware that bail money raised this way may be at risk if bail conditions aren’t followed. Donors likely won’t get refunds.

Bail Funds

Non-profit community bail funds exist in many areas to help low-income defendants post bail. The fund pools donations and posts bail on behalf of those in need.

If the court returns bail money, it goes back to the fund. So there’s no risk of personal loss. But availability is limited.

What If You Still Can’t Afford Bail?

If you’ve explored all options and truly cannot afford bail, you may remain jailed until trial. This raises serious equal justice concerns about cash bail systems.

A skilled criminal defense lawyer may be able to get the bail amount reduced or argue for release without having to post bail.

In the meantime, be sure to comply with any bail requirements imposed by the court to avoid additional penalties.

The Bottom Line

Posting bail is often mandatory for pretrial release in New York. While coming up with a large cash amount is tough, there are alternatives like bail bondsmen, collateral loans, and community donations. An experienced attorney can advise you on arranging bail.

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CLAIRE BANKS

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RAJESH BARUA

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