New York Bail Frequently Asked Questions
In the state of New York, a judge sets the bail amount at an arraignment hearing.
The purpose of bail is to ensure that a defendant appears in court until their case is finished.
Bail is a security measure with a monetary value which can be either bond or cash and can be paid by a bail bond company.
A bond is secured by a type of collateral such as a home or piece of property.
The judge issues a ruling on a bail amount at the end of the arraignment hearing and is issued with both felony and misdemeanor offenses.
Crimes, where a judge may decide to set bail, include DWI, drug possession, robbery, burglary, assault, or grand larceny.
It’s worth getting legal advice from an experienced attorney at Federal Lawyers to ensure that all proper legal procedures are done and your rights are protected.
A judge’s considerations for setting bail
A judge looks at a defendant’s criminal history and whether the individual is at risk of committing another crime, not going to court, or presents a danger to the community.
A violent crime, such as murder, poses a higher risk to the community than someone who is charged with a non-violent offense such as petty larceny.
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196The judge also examines the likelihood of the defendant fleeing.
Factors that can work in the defendant’s favor include steady employment, friends and family in the area, and ties to the local community.
Factors Judges Consider When Setting Bail
| Factor | How It Affects Bail |
|---|---|
| Criminal History | Prior convictions may result in higher bail amounts |
| Risk of Committing Another Crime | Higher perceived risk leads to higher bail or denial |
| Flight Risk | Likelihood of defendant fleeing jurisdiction affects amount |
| Danger to Community | Violent crimes result in higher bail than non-violent offenses |
| Community Ties | Employment, family, local connections work in defendant’s favor |
The role of the District Attorney and Defense counsel
The District Attorney is the one who requests bail at the arraignment hearing.
Defense counsel works to convince the judge that the defendant should be released until court, or ask for a reduction of the bail amount to something more feasible.
Paying bail
A defendant cannot pay their own bail to get released from custody.
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.
An example of a bail amount could be $10,000/$5,000. The defendant will be released if they can pay the $5,000.
Your brother was arrested in Manhattan on assault charges, and the judge set bail at $15,000 during his arraignment. Your family can scrape together about $5,000 in cash but has no idea how to cover the rest or what options are available under New York's bail laws.
Can we use a bail bond company to cover the remaining amount, and what would that cost us?
Under New York law, you can hire a licensed bail bond agent who will post the full $15,000 bond with the court in exchange for a non-refundable premium, typically around 6% to 10% of the bail amount. This means you would pay roughly $900 to $1,500 to the bondsman rather than coming up with the full cash amount yourselves. Keep in mind that if your brother fails to appear in court, the bond company will seek to recover the entire $15,000 from your family, and any collateral you pledged could be forfeited. It is also worth discussing with a defense attorney whether a bail reduction motion under CPL § 510.20 might be appropriate given your brother's ties to the community and lack of prior record.
This is general information only. Contact us for advice specific to your situation.
The majority of states require the defendant to pay the full bail amount to get released.
Many defendants can’t afford to pay the full amount and need to use the services of a bail bondsman, who guarantees the bail amount.
The bondsman has the power to arrest the defendant if they fail to appear in court.
Understanding Bail vs. Bond
| Term | Definition | Who Pays |
|---|---|---|
| Bail | Full amount set by judge to ensure defendant appears in court | Defendant or representative (cannot pay own bail directly) |
| Bond | Percentage of bail amount (typically 10%) guaranteed by bondsman | Defendant pays bondsman; bondsman guarantees full bail |
| Cash Bail | Full bail amount paid in cash | Family member or friend on defendant’s behalf |
| Collateral | Property (home, car, land) used to secure bond | Defendant or family provides to bondsman |
