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Bail bonds are financial agreements that serve as surety that an amount set by the court will be paid and that a defendant will appear for trial. Bail agents or insurance companies usually offer such bonds. If a defendant misses their court appearance date or violates his/her release conditions, then their bond becomes forfeit and must be returned fully to the court by their agent or insurer.
The New York State Bail Bond Law regulates how much a bonding company may charge, however there may be additional services or fees outside its purview that may be subject to negotiation. For instance, courts charge an administration fee when posting bonds at courthouse (referred to as “bail premium”). Furthermore, Bail Bonds in New York often charge fees per indemnity agreement signed.
New York-based defendants looking for bail bonds must first meet the minimum cash bail set by their judge at an arraignment or bail hearing, then sign an agreement with a bail bond company promising that they will attend trial as ordered, comply with release conditions set by court, and co-sign it themselves or provide property as collateral to secure it. Co-signing an indemnitor bond typically pays the bail bond company directly or pledges property as security against it.
If the accused cannot afford their bail amount, they can request that it be reduced from the judge. He/she will consider their background and ability to return for their trial as factors when setting an appropriate bail amount.
Before bail reform, people who could not afford their bail would be held in jail until they could secure the funds needed. This put them at risk from disease outbreaks like COVID-19 which quickly spread within jails; with new laws having come into place to keep these individuals out, their lives have been saved as these laws keep individuals away from jail who might otherwise have been vulnerable.
Once a judge has granted bond, those accused must report to court to complete some paperwork. Their lawyer typically provides this paperwork beforehand in order to prepare them for questioning by the judge. Judges typically question those accused about their financial situations and ensure they understand that, should they fail to appear for trial, then their bonding company or insurance provider will demand full payment of any applicable bonds or premiums owed. If the accused needs legal advice, they should contact another lawyer; as the bail bondsman does not represent them. Payers of bail bonds should remember they may have to testify under oath about their financial information in court proceedings.
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