Understanding Bail and Bail Bonds in New York
Bail is a legal condition set by a criminal court that must be met before a defendant can be released from police custody. In most instances, this condition involves the payment of a specific amount of money—either in cash or through a Bail bonds—determined by a judge during the arraignment process.
For many individuals, especially first-time offenders, bail bonds may not be required at all. Instead, the court may allow the defendant to be released on their own recognizance, meaning they promise to return to court for future appearances without needing to pay bail. However, when a judge decides that bail is necessary, they take several factors into consideration, including:
The defendant’s personal character, mental state, and habits
The defendant’s employment status and financial background
Family and community ties
Previous criminal history
How Does a Bail Bond Work?
A bail bond is essentially a financial agreement between the defendant and a licensed bail bondsman. The bondsman agrees to post the full amount of bail with the court on behalf of the defendant, typically in exchange for a non-refundable fee—usually around 10% of the total bail amount.
Once the bond is paid, the defendant is released from custody, under the condition that they will appear at all scheduled court dates. If the defendant fails to appear, the bondsman risks losing the money and may hire a recovery agent, commonly referred to as a “bounty hunter,” to locate and return the defendant to court.
Speak with an Experienced New York Arraignment Lawyer
If you are facing arraignment and a potential bail situation, having a skilled attorney by your side can make a significant difference. At H. Benjamin Perez & Associates, P.C., we provide strong, strategic legal representation for individuals arrested and charged with crimes throughout New York.
Our team is highly experienced in handling all phases of the criminal justice process, including arraignments, and we are committed to fighting for the best possible outcome in your case. Don’t face the system alone—contact our 24/7 legal team today to protect your rights and future.