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Bail in New York State: Form, Type and Amount

August 30, 2020 Federal Criminal Attorneys

Bail is a commonly used tool in the court system. The aim of bail is to allow the person who is being accused the chance to be outside the system until they have been granted a verdict of either not guilty or formally sentenced. In between, the person is allowed a certain degree of freedom. If you are facing charges in New York state, you might be offered a form of bail. It’s imperative for anyone facing such issues to understand what it means to be offered bail. Bail can be a huge gift. If you have it, you’ll want to understand the terms and conditions under which it is being offered. This includes the kind payment allowed, what circumstances may be in place to monitor you while you are out on bail and if that bail can revoked. Knowing what’s going on can help make it easy for you to make this process work in your favor.

The Many Ways to Pay Bail

When the court asks for bail, it is asking for a sum of money. People agree to pay this sum and, in turn, the court system agrees to allow them to leave as long as they return on a given date. People can pay via many different forms. Cash is always acceptable. A group of people can bring the amount of money required. The entire sum is required in order for the person to have said to post bail. If even a few dollars are missing, the court will not accept it.

Credit cards can also be used to help people get bail. You cannot be charged a fee for the credit card by the court system. Keep in mind the credit card companies can. All fees you pay under normal circumstances are required here.

Another option when finding the funds to provide bail is to provide what is known as a secured surety bond. This is a bond that is backed up by something you own such as a real estate. If you are putting up personal property it needs to be twice as much as the bail. Real property can equal the amount of the bond. You can also use what is known as a partially secured surety bond. You can pay your own money while someone else pays the rest on your behalf. Some people opt for a form of bond known as an unsecured surety bond. Someone else will accept responsibility on your behalf. This can be anyone from a close relative to a bank official. They do not have to put up money initially. However, if you do not return on the date required for the hearing, the amount of the bond can be considered forfeit. They agree to pay this sum if you are not there on the time and date specified. You can also agree to provide your own bond where your funds are taken by the court if you do not agree to come to court.

Some Forms of Monitoring

Sometimes people are free to go along their merry way. All they have to do is get the funds they need to the court and show up as required. Other times, the court system may accept bail but also impose additional conditions on the person while they are out on bail. Some defendants are eligible for a process known as as electronic monitoring. This includes those convicted of a sex related felony, people who have been convicted of a misdemeanor in the last five years and those who been accused of domestic violence. The court will consider you to be in custody under these circumstances even though you are not behind bars. If officials in the court system do not wish to extend this kind of monitoring beyond sixty days they are required to indicate this in writing and give a reason.

It is important to understand that it is possible for bail conditions to be changed. If such conditions are changed, court officials must follow certain, highly specific guidelines. Those who are facing the possibility of having their bail revoked or the conditions of their bail changed in some way are entitled to certain rights under law. A lawyer can ask the court system to schedule a bail revocation hearing. This means that the official legal procedures must be followed. The defendant has the opportunity to speak on their own behalf. They also have the right to have legal counsel to speak for them. Good legal counsel can make sure the person has the right to have the best possible bail on their side. The ideal bail allows the person to work with their counsel and get things in order. Great legal counsel can make this process flow more smoothly in every way.

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