How Bail Bonds Work in New York

How Bail Bonds Work in New York to Find Bail Bonds Near Me

Understanding how bail bonds work in New York starts with knowing what you should be charged for bail bonds services in New York. You also need to know the laws, rules and regulations that cover the contracts written between bail bond companies and those who are in need of their services. In the state of New York, the basics of the bail bonds process is essentially the same as in every other state.

However, there are some small, subtle differences that need to be taken into account when utilizing the services of a bail bonds New York company.

How Do You Bond Someone out of Jail in New York?

Once the bail has been determined by a judge, you need to determine if you can afford to post a cash bond to the city or need the services of a bail bonds company. You can pay using credit cards, money orders, cash, private bank or a surety bond.

You have to understand how bail bonds work in New York before you sign any bail application. You have to know how much your paying for the bond, this is important!

Before the posting of the bail bond, the defendant or co-signer must guarantee in writing that the full amount of the bail will be paid which will include any additional expenses. These additional expense cover the problem if the defendant does not appear in court, the rules of the court or comply with the full agreement made with the bail bonds company.

The court may find through their own public policy that the defendant in question may not under the judge’s view be able to comply and thus not be qualified for the bail requirements. Usually, the judge’s bond determination is based on a defendant’s history of missing court dates or not fully complying with the rules and regulations as set forth by the courts or the bail bonds company.

For misdemeanor cases, especially first-time offenses, the bail is set for $10,000 or less depending on the extent of the crime. This is where bail bonds New York companies do the vast majority of their business.

When it comes to felonies however the rules change as serious crimes will often have no bail set for fear of the defendant fleeing the state. This action is called a remand and the likelihood of any bail being set is generally slim.

New York Bail Bonds Charges & Fees

The deposit must be presented in cash or a bond, which is generally the normal form of payment. There are allowances for putting up property, but such instances are few and far between especially if the charges are federal.

The maximum premium amount is separate from any collateral that may be required.

A New York state bail bonds agent may not charge any fees outside the bail premium costs. An exception would be for any out-of-pocket costs for the apprehension and surrender of the defendant following a court-ordered warrant, the apprehension and surrender of the defendant following the documented request of the indemnitor, and the application for the remission of forfeiture.

There can be a negotiation in terms of the bail premiums if your lawyer can argue for a bail reduction.

The understanding of how bail bonds work in New York will help those who may be in need of the services of a bail bonds company better For more information, you can contact the New York State Bail Agency which monitors and enforces the rules and regulations that bail bondsmen operate in all of New York.

You Have Bail Bond Rights in New York State

You have the right to receive the following information in writing:

• The bail agent’s full legal name, name of any siblicensee, contact Information, and New York State Department of Financial Services license number.
• The insurer’s full legal name, contact Information, and National Association of Insurance Commissioners number.
• If a charity is posting the bond: the charitable bail organization’s full legal name, contact information, and New York State Department of Financial Services certificate number.
• The nature and amount of the premium and collateral required for a bail bond.
• All court rules & restrictions placed on the defendant as a condition of the bail, this also includes the New Yor bail bonds company rules.
• The conditions with which the bail bonds agent would surrender the defendant other than forfeiture:
  • If the defendant doesn’t check in
  • If the defendant fails to go to court
  • If the defendant leaves the state without permission
  • If the court releases the bond.
• Your own copy of any document or contract that you sign and all other documents and paperwork relating to the terms and conditions of the bail at the time of signing.
• Detailed and signed receipts listing all premiums and collateral, one when you pay the bail agent and give them collateral and a second when the bail agent returns any money or collateral to you.
• The defendant is to be released promptly once the bail agreement is signed (this is also up to the jail where the defendant is held)
• Have the full amount of the premium refunded within 14 days of the bail agent receiving notice if the defendant is not released from custody, or if the defendant is released on recognizance or without any monetary bail requirement.
• If there is more than one indemnitor, each bail co-signer will be refunded the amount they paid.
• You must receive your full pledged collateral, unless there is a forfeiture.
• You must have your collateral returned promptly when there is an exoneration.
• You pay only the premium allowed by law; you cannot be asked to more than the legal premium.

Need to File a Complaint Against a New York Bail Bondsman?

You have the right to file a complaint against a bail agent, insurer, or charitable bail organization with the New York State Department of Financial Services.