Bail: security given for the release of an arrested person as a guarantee that the person will return to court in the future. Cash bail is the amount of cash that must be deposited.
ROR: Receiving ROR means being released on your own recognize. You do not need to put up bail and can leave on your promise to return to court at the next scheduled date. If you do not appear in court on the appointed date, a judge may issue a bench warrant for your arrest and upon being brought to court, you may be forced to pay bail before leaving.
Remand: If person been remanded, it means that bail has been denied and he/she will be kept in custody.
Bail bondsman: A bail bondsman acts as a surety to guarantee to pay the city the amount of the bail if person do not show up in court. For large bail amounts, bondsmen can generally obtain security against such as real estate property. Bail and bond agency write bonds for 10% of the value of the bail.
Bail and bond frequent questions:
Is bail refundable? Yes, but person must to make all the court appearances. If the case is dismissed or defendant found not guilty, bail will refunded in full. If defendant found guilty or take a plea, then only 97% of the bail will be refunded.
When and what bail was set? At the end of the arraignment (first appearance in the court), the judge will issue bail. If the judge orders ROR or parole, defendant may leave without bail. If the judge orders remand, defendant will stay in custody as the bail was denied. If the judge sets bail, it may be either one number (e.g., $5,000) or order a different sum for cash bail and a bail bond (e.g., "Bail is $15,000 bond over $2,000 cash).
What form of payment acceptable for the bail? New York Department of Corrections will accept the following forms of cash bail:
- Cash;
- Cashier's checks;
- U.S. Postal Service, Bank, Western Union, Traveler's Express or Federal Express money orders up to $1,000 (multiple money- orders for $1,000 or less each will be accepted)
- Check issued by the city Finance Administrator for a bail refund.
- Checks from the U.S. Government and Veterans Administration Check up to $1000(multiple checks for $1,000 or less each will be accepted)
Credit cards, personal and corporate checks are NOTaccepted.
Where bail could be posted? Bail may be paid in the courtroom if it is posted at the time when the defendant actually appears there before the judge. If the defendant was already taken away from court, bail may be posted at:
- Bronx House of Detention653 River Avenue, Bronx, NY 10451
- Brooklyn House of Detention275 Atlantic Avenue, Brooklyn, NY 11201
- Manhattan House of Detention (The Tombs)125 White Street, New York, NY 10013
- Queens House of Detention126-02 82nd Avenue, Queens, NY 11415
- Riker's Island11-11 Hazen Avenue, East Elmhurst, NY 11370
For more information on inmates, bail, visiting hours, and travel directions call New York Department of Corrections at (718) 546-0700.
How can property be used for bail? In cases where the bail is extraordinarily high, your lawyer can request that property be accept as bail, either by writ or through negotiation with the prosecutor and with consent of the judge. The property is often required to have at least doubled the value of the bail amount.
What is the bail sufficiency hearing? The bail sufficiency hearing or surety hearing may be ordered by the judge in drug or fraud cases. That means that prior to accepting bail, unless the prosecutor consents, the court will hold a hearing to verify the source of the money used as bail in order to prevent illegal profits from being used to obtain release. Defendant or person who placing the bail would need to prove that he has a job, assets, bank accounts or other lawful means to post bail.
How bail amount is determinate? There are no guidelines for amount of the bail. Amount depends on many factors: the facts of the case, the charges, the judge and prosecutor involved, criminal record of defendant and many others.
Based on our experiencewe always suggest to our clients to bring the maximum amount of money to first appearance in the court. The judge will not ask how much money defendant has and set the bail without inquiring for ability to pay it.
If you found this information useful, we are welcome your feedbacks.
If you have any questions, please feel free to contact us.
English,Russian, Ukrainian, Polish and Spanish speaking attorneys will be glad to answer all of your questions.
Avoid moving scams visit MovinGood.combefore your moving day.