How to Obtain Bail in New York

When an individual is accused of a crime, they must be held in court custody until proven innocent or guilty. However, in some cases the court decides to release the accused before this determination is made, which is called bail. The price of bail is determined upon the defendant’s first appearance in court, and in many cases there is no need for bail.

There are a number of methods for determining bail, all of which are decided by the court. One of these methods is a bail bond, in which case a professional bondholder, the accused, or family and friends of the accused can sign. Signing the bond creates a promise that the accused will return to court on the date of their scheduled proceeding. If the defendant fails to reappear in court, the individual who signed the bond is responsible to pay the court back its bail fee. Bail amounts are set depending on the severity of the charges involved in the case.

Obtaining bail depends solely on the decision made by the court. In reaching its decision, the court evaluates the circumstances of the particular situation, and rules based upon whether or not there is existence of doubt that the defendant will reappear for the scheduled date.

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