What to Do If You Can’t Afford Bail in a Brooklyn Case

What To Do If You Can’t Afford Bail in a Brooklyn Case

Getting arrested and facing criminal charges is scary and overwhelming. Even more so if you can’t afford to pay the bail that will allow you to get out of jail while your case moves forward. Don’t panic – there are options and help available. This article provides information and resources on steps you can take if you or a loved one is in this situation.

Understanding Bail and Bond in Brooklyn

Bail is money or property that is deposited with the court to ensure the defendant will return for future court appearances. The amount is set based on factors like severity of charges, criminal history, ties to the community, etc. Defendants who can afford to pay the full bail amount get it back when the case concludes. Those who can’t pay can use a bail bond agent and pay 10-15% of the bail amount as a non-refundable fee.

Bail laws and processes vary by state and jurisdiction. In Brooklyn and New York City, bail reform laws passed in 2020 eliminated cash bail for many non-violent felonies and misdemeanors. However bail can still be set very high for more serious charges.

What If You Can’t Afford Bail?

If you or your loved one can’t afford to pay the bail amount, whether in full or the 10-15% bond fee, there are options:

• Request a bail hearing – Your attorney can request a bail hearing and argue for lower or no bail based on your circumstances. The judge may reduce the amount to something more affordable.
• Apply for a bond through a bail fund – Charitable bail funds like The Liberty Fund and Brooklyn Community Bail Fund pay bail for people who can’t afford it. Eligibility and repayment terms vary.
• Use a commercial bail bonds agent – Bail bonds companies provide financing for non-refundable bond fees through payment plans, collateral, co-signers, etc. This should be a last resort option due to predatory lending practices.
• Request supervised release – Defendants charged with non-violent misdemeanors may qualify for supervised release instead of paying bail. This involves checking in with a pre-trial officer rather than paying a cash amount.
• Petition for a writ of habeas corpus – Defendants held for excessive time periods before trial may petition for a writ of habeas corpus – ordering their release. But the bar is very high.
• Wait in jail for the disposition of the case – If no other option is available, remaining in jail while fighting the charges or seeking a plea deal may be necessary.

Steps To Take If You Can’t Afford Bail

Here are specific actions you can take if you or your loved one is in jail and unable to pay bail:

• Don’t discuss case details over the phone or jail video screens. Assume conversations are recorded. Only discuss confidential matters with your lawyer in person.
• Hire a criminal defense attorney. A skilled lawyer knows how to advocate for bail reductions and affordable bond options. If you cannot afford an attorney, request a public defender at arraignment.
• Have family contact Brooklyn Defender Services. Their pre-trial services may be able to assist with release options.
• Ask friends and family to call bail funds on your behalf. They advocate for defendant release when the system imposes excessive bail.
• Explore financing options for bond fees, if possible. Using equity in property or vehicles as collateral for a 10-15% bond fee may be an option.
• Petition the court for a bail reduction or supervised release. Your lawyer can file emergency petitions arguing that bail was set too high given your lack of resources and circumstances.
• Consider taking a plea deal, if the charges and potential consequences warrant it. Pleading guilty to non-violent misdemeanors may allow release based on time served. Discuss options thoroughly with counsel.
• Prepare your case and create a resource network for when released. Use the time in jail to build your legal strategy with your lawyer. Have friends and family gather relevant documents, contact information, etc to hit the ground running when released.

What About Immigration Concerns?

Non-citizens should consult immigration lawyers before taking any action on a criminal case. Paying bail, pleading guilty, or accepting jail time can all have severe immigration consequences. Connect with organizations like Immigrant Defense Project for specialized assistance.

Conclusion

Dealing with the criminal justice system is challenging, especially for those without financial resources. Hopefully this article and its bail resources provide some guidance on steps to take. The most important thing is to not panic, leverage all available options through family/friends/lawyers, and make legal strategy decisions very carefully. With perseverance and help from others, making it through this difficult time is possible.

Resources

• Tips for When a Loved One is in Jail from Brooklyn Defender Services
• New York Criminal Justice Agency Client Services
• The National Bail Fund Network
• Petition for Habeas Corpus in New York Form
• New York Criminal Procedure Law – Article 500 Bail
• Tips If You Can’t Afford an Attorney from New York City Bar