HOW BAIL WORKS
The New York Bail Bondsmen and Bail Consultants-- Fast, Low-Cost & Dependable Services--Any Bail, Any Jail, Anytime, From Central Booking to Arraignment Courts, to Rikers Island Jail, Nassau, Suffolk, Westchester, Rockland County Jails, New York Criminal Courts and New York and Supreme Courts!
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New York Bail Bonds, Cash Bail and Bail Consulting:
(The Rules Not the Exceptions 101)
New York State has placed varying values on bail and bail bondsmen that perform consumer services at zero cost to New York State taxpayers. We offer fast and low-cost service for cash bail posting, the legally allowed rate only for bail bond posting attempts and bail consulting all as defined and strictly subject to the private contractual terms and conditions.
The New York State Professional Bail Bondsmen and bail consultants located on 75 Smith Street in Brooklyn New York 11201 operate as initial bail consultants in and around the criminal justice system as a private commercial entity. We maintain the highest expectations fully expecting honesty and a totally successful performance by indemnitors and the defendants who may possibly be out on bail using our services. Any and all violations of private bail contracts and material breaches are taken seriously. As any and all violation(s) and or material breach(s) of private bail contracts threaten the financial stability of the independent liable bail agent are taken extremely seriously. The bail agent is always personally burdened with extremely harsh financial penalties, incurs excessive costs and prohibitive expenses that are always passed onto the indemnitor(s) and also the defendants for contractual and court terms and conditions breach, lack of performance and or non-compliance.
Proprietary confidential algorithms are established and strictly applied by the liable professional agent who ultimately assesses and always reassesses the defendants’ flight risk and risk of contractual noncompliance from prior to bail posting attempt up until full bail exoneration four months after a case is over.
The Professional New York State Bail Bondsman facilitates a criminal defendants preservation of the ‘sacred presumption of innocence’ which is essential if an accused individual should have unbiased criminal proceedings against them. Although a private commercial industry Bondsmen undergo thorough and rigorous security background checks that are aggregated and maintained by governments.
It is important to understand that, Bondsman are not civil servants nor are they law enforcement/police officers of any type. However Bondsmen are private citizens afforded extremely powerful rights and privileges through a United States Supreme Court decision and legal precedent above, beyond and separate from law enforcement. For example, Bail Bondsman do not require to obtain a search or arrest warrant in order to search premises, arrest or take a defendant into custody returning same to jail. The bond executed on a defendant’s behalf is the legal authority for search and apprehension of defendants out on a bail bond. Bondsmen are bound by contract called the ‘undertaking’ with the court and act specifically to return a contractually breaching and court term violating defendant and or a fleeing fugitive. New York Bondsman have status that enables them without any prior special authorization to cross State lines and retrieve anyone deemed a fugitive in any State and in any jurisdiction. Bondsmen are de facto New York States only authorized Bounty Hunters that can and do retain the services of other enforcement and private investigative contractual vendors.
This process involves a contractual undertaking presented to the court and guaranteed by a Bail Bondsman that the defendant will appear in court each and every time the Judge requires them to do so. On the other hand indemnitors through private contract makes promises to the bail agent that the defendant will abide by the terms and conditions of the court and the private bail contract. What is important for indemnitors to clearly understand is that the bail agent will hold indemnitors accountable for every cost incurred by the bail agent that is separate and apart from the premium as defined in Section 68 of the New York Insurance Law that is earned when a contract is signed by indemnitors.
For this service, the defendant is charged a percentage of the bail amount, bail premiums set by New York State Law that range from 6.2% up to 10% of the total bail bond amount for a bond posting attempt alone. Any additional fees that may be incurred are not part of the statutory premium and are private financial terms as set forth in private bail contracts and not by any regulatory body. Bail premiums are mandated by each state and are not negotiable as vendors for ancillary services are defined by contract.
Before being attempting to garner a defendants release from jail, a relative or friend of the defendant, typically contacts a bail agent to arrange for the bail posting attempt. Prior to the posting of a bail bond, the defendant or a co-signer (Indemnitor’s(s) or co signors) must guarantee that they will pay the full amount of bail bond, any and all out of pocket expenses, in addition to any performance & compliance expenses if the defendant does not appear in court or adhere to the bail agents private contractual undertakings. The court through public policy may from time to time determine that the relationship of an Indemnitor(s) to a defendant are not significant enough as to convince the Judge that an Indemnitor(s) has the power to sway and be responsible for a defendants compliance with the Courts and Bondsman bail requirements.
Collateral for posting cash bail with the court or jail Collateral or money held as security, until a criminal case is over, in most states is required for a person to be bailed from jail. For Bail Bonds in New York City and Long Island you can expect collateral to be required equaling no less that 15% and up to 100% of the amount of bail bond or a home/condo/co-op with equity exceeding the bail bond amount depending on the Judge and the severity of the charges. At times Indemnitors can be creative and offer many different personal property instead of cash collateral. Everything is usually considered such as real estate property, cars, jewelry, art work etc. are taken as collateral.
To post bail you need to bring the fee in cash (unless other arrangements were previously authorized), the collateral (whatever you discussed with the Bondsman) legal identification, 2 current pay stubs that run concurrently (if not recent bank statements with income deposits), a utility bill (must have one of these with your current address: gas, water, electric, telephone, cable or cell phone) and social security card. In cases of a 10-99 or independent contractor status a tax return and bank statements are required. Cosigners or Indemnitors typically need to be working making a solid income of a minimum of greater than $20k per year.
You, the Indemnitor, are responsible
After an agreement is reached, the bail agent forwards the application for initial underwriting consideration for review. At the liable agents discretion alone and after the initial research in the bail contract application an attempt can be made to post a bond. In New York State the Bondsman attempts to approach a Judge in the courtroom as does an attorney and submits a bail application on the behalf of his client, the defendant.
The Judge reviews the details of the application and asks any questions they may have regarding the information contained in the application. It is important to note that although bails are approved in most cases no one can ever guarantee 100% that a Judge will approve a bail application. The reasons for this can be very complex and vary on the individual Judges preferences, bias and or ignorance. Good bail bondsmen such as us have confronted most of the Judges around and know the preferences of each increasing the probability of bail approval. We often know what the Judges preferences for collateral are and although we do not agree with the Judges preference for same. If any bondsman promises you 100% success probability when you are seeking information on bail we suggest you hang up the telephone and call us at: (718) 722-1129 or (212) 732-2245.
You contract a bail agent and a premium paid and fees expended are never refundable. Only collateral deposited, that is subject to private contractual terms, is ever refundable and only after the statutory time frame for forfeiture filings elapses and the conditions of contract for collateral processing to be initiated are met by indemnitors.
Although it may be true that personal or professional familiarity between the Court and the Bondsman may exist they are personal matters that never have a bearing on the outcome of a criminal inquiry, bail hearing or approval of a bail bond. Anyone stating such familiarity is merely stating facts and is never intended to be any offer guaranteeing results of any undertaking previously agreed to. Once a Bondsman undertakes to attempt to post a bail no one beside the Indemnitor(s) (in total) may sway his resolve to attempt to post same unless a problem arises with the bail application. Once a bail contract is signed the fees are earned and almost impossible to contact the Bondsman to terminate his bond posting attempt.
Posting of Bail Bond:
The Bondsman attempts to post bail as soon as possible as the request for bails pile up and people want to be released from jail quickly. Sometimes if a bail is written after a certain period of time during the day it will not be posted until the next day or whenever the liable agent dictates alone. We do not delay on purpose, simply we work with the court schedule and night court in many places is not an option. Bail in New York City for example is best executed Monday-through Friday before 10 AM to 3PM. However, we have professional bondsmen that work tirelessly 7 days a week to attempt to post bail.
Freedom from Jail:
After Bail is actually posted a third party contractor typically couriers the Judges signed release order to t with case tracking. Typically indemnitors are not allowed to even touch the release orders, lehe jail and or does the appropriate follow-upt alone delivery them. We find this policy changes as the wind and always air on the side of caution, by utilizing a professional contractual vendor to deliver and retrieve court/jail documents and case track.
This fact of course, as in everything else in the criminal justice system, varies from place to place and person to person and from jail to jail.Like everything else the courier is privy to information such as the changing of the guard in jails, the changing of tour, the official body count and the computer system refresh times etc. After the courier finds the appropriate time to drop off the release order the Correction Department or Sheriff’s Departments usually take anywhere from 6 -34hrs hours to process a release of a prisoner. This of course also depends on what day of the week it is (holidays, club nights etc.) more persons take off from work calling in sick and the smallest priority in lieu of a staff shortage is releasing a prisoner quickly as opposed to prison safety and security. Don't be alarmed as in New York State has a 24hr mandatory release statute that sometimes also gets ignored.
During the time frame of drop off of paperwork and release the Jails will not give any information on release times. Sometimes guards that are overworked and facilities that are understaffed the prison would suggest or imply that the release order was never dropped-off by the Bondsman excusing any delay on their part for releasing a prisoner. If you did not have any reason to believe that the Bondsman would not be dropping off a release order I would not count on what the guard is saying to be true. However a Bondsman by law can withhold the delivery of the release order if a condition was not completed by Indemnitor's or new information that was found about a defendant's case materialized.
It is important to note that, Judges order the release of prisoners into the sole custody of the Bondsman and not the family members paying for bail. However, it is the sole responsibility of the Indemnitor's and not the bail company or Bondsman to advise the Bailee that it is mandatory that he/she to report to the Bondsman 24hrs after he/she is released from custody and announce his presence for initial processing. The defendant is expected to report on a weekly basis announcing his attendance and signing in the weekly log within a certain day and business hours. In some cases a defendant, for whatever the reasons. cause the family and the Bondsman the ultimate headache; they skip or fail to comply with the rules, regulations and contractual terms agreed to.
If the defendant "skips", does not report, does not go to court appearances and or any and all other appearances as designated by civil authority or judge(s), or does not comply with any and all bail conditions, the cosigner(s) aka Indemnitor's(s) are immediately responsible to pay the Bondsman and the bail company the full amount of the bail plus any and all expenses. If the defendant is located and arrested by the bail agent or his designee, the cosigner(s) jointly and severely responsible for any and all additional expenses the bail agent/compaas or may incur while looking for, attempting to apprehend, transporting and lodging the defendant and the security team. Pleading ignorance by indemnitor(s) or defendant in violation of terms and conditions will never be acceptable as defense or excuse.
It is important to note that, Judges release the prisoners (defendant) into the sole custody of the Bondsman and not the family members paying for bail. That means while the case is active the defendant must comply with the specific instruction of the Bondsman or his designee. Any noncompliance with judges orders, violation of bail performance and compliance contracts, obstruction of the normal operation of a reporting facility or harassment or threat of any type to anyone under the employ of the Bondsman or any disruption however minor will be considered an openly hostile act and defendant will be sought and taken into custody to be returned to jail. We do not like to do this but sometimes defendants are either chemically dependent, are not taking prescribed remedies or are downright ornery and actions need to be taken by the Bondsman or his designee to quickly remedy an issue that may get out of hand.
In case Stack v. Boyle, 342 U.S.1, 4, ‘‘This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. ‘. . . Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning.''.
We have found that over 90% of defendants never have a severe problem while out on bail with us. We have found that our naturally respectful nature, the value we have placed on the absolute importance of a defendant maintaining his dignity, exchange of information between the Bondsman, Indemnitors and defendant/client, calm reasoning and explanation, cooperation makes for a smooth uneventful bail experience. The cooperation of Indemnitors that are actively seeking to be informed, as they call in almost every week to check-up on a defendant's status and remind him/her of obligations made is the number one formula for successful conclusion of a bail bond experience. We look forward in helping you reach that goal together.
For Fast, Low-Cost & Dependable Service--Any Bail, Any Jail, Anytime,
From Central Booking to Arraignment Courts to Rikers Island Jails, Nassau, Suffolk, Westchester, Rockland County Jails and New York Criminal and Supreme Courts!
In Brooklyn, Queens, Staten Island Call Us:
In Manhattan, Bronx, Westchester & Rockland Call Us:
New York State Professional Bail Bondsmen operate as defined in New York State Laws, Regulations and as dictated in terms and conditions found in private bail contracts governed under New York Civil Contract laws. Professional bail consultants are individual with in-depth knowledge in surety bail and various aspects of the criminal justice system, such as bail source hearings, public policy and pretrial release. Bail consultants are professionals with many years of real experience in various aspects of the criminal justice system and the terms and conditions governing agreements are found in private contracts governed under New York Contract law.
© Copyright 2001-2013 - All Rights Reserved
(Premium and fees are never refundable. Not responsible for variables, events and circumstances foreseen or unforeseen that may arise not listed here that may or may not delay and or prevent and or forbid total success for services contracted that are often possible when dealing with the criminal justice system, courts, jails, human error, independent contractors, third party vendors, acts of God, inclement weather, work slow-downs, judges requirements, any and all issues regarding warrants, holds, detainers, parole,probation, immigration, mistaken identity, lost or misplaced files, files not available, miswritten documentation or any errors or disagreements of any type etc. Precious metals and stones taken and authenticity and value when confirmed are sold for weight value alone at pre negotiated rate below market value and these proceeds are then utilized to pay for premium, consulting, other fees; and the balance of same, if any, are then utilized as collateral deposits in the form of cash which are subject to the terms and conditions of the private bail and consulting contracts. Items when deposited for sale are never returned to the depositor or owner as the items are sold and or melted for precious metal and stone value in exchange for cash. Statutory premiums are Governed UnderNew York State Insurance Laws and Regulations and are never negotiable or refundable. Contact the NY Insurance Department Directly For Complaints Charges for premium, agent licensing and record-keeping. All other services are governed under New York Civil Contract law; all contract have a binding arbitration clause as administered by an arbitrator from the American Arbitration Association venue New York State, New York County alone. Read your contract carefully and always consult and attorney before signing any binding agreements.
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