What is Bail in New York and how Does it Work?

If you or a loved one has been arrested for the first time, the entire process can be confusing and scary. One of the most difficult concepts to understand for those unfamiliar with the process is bail. In New York, and the rest of the United States, a person who is accused of a crime is presumed innocent unless and until his or her guilt is proven in court or they plead guilty to the charges. Since the accused is presumed innocent while they build their defense case, they usually should not be incarcerated before they have even been convicted. However, this is not always the case. If a person is charged with a very serious crime that could lead them to spend a significant portion of their life in jail and if the case is strong, the person may have a strong incentive to flee. As well, someone accused of violent crimes or horrific crimes against children often will be decided as too dangerous to be in regular society while the case is building. The concept of “bail” was created as a compromise between being presumed innocent and the reality that

some people need to wait in jail for their court date.

Bail is not a fine to pay to get out of jail, it is a financial incentive issued by a judge to give you the incentive to go to court while the case against you is litigated. Bail can come in cash or bond. A New York judge could even release you outright with no cash or bond requirement if the charges are minor and you have no past record. When considering bail, a judge must look at certain factors regarding the defendant and the case. These include:

1. The defendant’s character, reputation, habits and mental condition

2. Their employment and financial resources

3. Their family and community ties

4. Their past criminal record, especially if they areconsistently violent

5. Any record of juvenile adjudications

6. Their previous record of showing up to court in pastcases

7. Whether it is a domestic violence case (special rulesapply)

8. The strength of the case or appeal

9. How much jail time the person is facing

Once bail is set, you only need to pay 10% of the posted amount if you go through a bail bonds company. This means you would be responsible for $1,000 of a $10,000 bond. A bail bonds company will pay the rest, with the promise that the defendant will show up for their court date. If the accused doesn’t show up, their bail will be revoked and the bail bonds company as well as the police will look for them and add extra charges on.