Bail, or the posting of security with the Court, is intended to secure the Defendant’s release from custody and presence at all future court appearances. The person posting the bail is putting their money or property at risk should the Defendant fail to appear in court. The right to bail, with certain limitations, is a constitutional right granted by both the State and Federal constitutions.
In New York State bail can be posted in a number of ways, however, bail is most often posted in either “cash” or by insurance company bond. Generally, when a court sets bail on a defendant, the judge will set a lower bail should the bail be posted in cash, and a higher bail should the Defendant seek a bail bond.
Cash is a specific sum of money which is posted with the court and held until the case is completed. Once the case is completed the bail will be returned to the surety (the person posting the cash) usually less a small service charge. Should a defendant fail to make his court appearances that bail might very well be forfeited to the Court.
The second most common way of posting bail is by an insurance company bond. A bond is an insurance policy issued by the bonding company, which promises the court that it will pay the bail amount should the defendant fail to make his court appearances.
Generally, the bail bond company will charge an “insurance premium” of approximately 6% of the face amount of the bond. The insurance company will also require that someone guarantee the bond to the insurance company. Generally, this is done by the posting of a deed with the insurance company which has a value equal to or in excess of the amount of the bond. Often, bonding companies will accept other forms of collateral, i.e. bank accounts, stock portfolios or other chattels of value.
Criminal defense attorneys are well versed in the types of bail that can be posted and can usually advise their clients how to go about the posting of bail.
If you need help in this area please contact our office at (631) 979-7777.