If someone has been arrested in New York, there are several options for what happens to that defendant before trial. The court can decide to remand the defendant, which means hold them, without bail until the trial. The court can decide to release a defendant on their own recognizance. The court can decide to release the defendant on bail. If a defendant is being released on bail, they may need the services of a 24 hour bail bondsmen in Kingston NY.
What Type of Bail Is Available?
In New York, there are nine types of bail available. Descriptions of these types are found in New York Criminal Procedure Law 520.10. The law requires that defendants be given at least two types of bail listed under the law. These two types that judges most commonly choose are cash bail and a commercial bail bond.
Cash Bail
Cash bail refers to the full amount of bail posted by a defendant’s friends or family. If the defendant appears at trial and is acquitted, the full amount of bail is refunded. If the defendant appears at trial and is convicted, all but three percent of the bail is refunded. If the defendant fails to appear at trial, the full amount of the bail is forfeited.
Commercial Bail Bond
A commercial bail bond refers to hiring a surety, also known as a bail bondsman, to promise the court that the agent will pay the full amount of bail if a defendant fails to appear. The court is not involved in the contract between the surety and the person obtaining the bond, but bail bondsmen will usually charge a non-refundable percentage of the bail to act as a surety.
Cash Bail Discount
The court may set different amounts for the cash bail and the commercial bail bond. When these amounts differ, the judge normally sets the cash bail lower than the commercial bail bond amount. This is referred to as a cash bail discount.
Get a Bond
Click here to find out more about the different types of bail available in New York. Local providers also have information about the role that a 24 hour bail bondsmen in Kingston NY can play in helping secure a defendant’s pre-trial release.