Bail In New York City

Two Ways to Pay for Pretrial Release

When a person is ordered by a judge to post a monetary amount to secure their release before trial (known as cash bail), there are typically two primary methods used to meet this requirement. These methods directly impact the defendant's immediate freedom and long-term financial situation.

1. Posting the Full Cash Bail

The most direct way to secure pretrial release is to pay the full amount of the bail set by the court.

• Payment Source: This payment must be made in cash, by certified check, or sometimes by credit card, directly to the court or the holding facility (like the clerk's office or the sheriff's department).
• Process: The funds are held by the court until the case is concluded. As long as the defendant appears for all required court dates, the full amount of the money is returned to the person who posted it (the defendant or a friend/family member) after the final disposition of the case.
• Risk: If the defendant fails to appear for a scheduled court date, the money is typically forfeited to the court.
• Advantage: This method is the preferred option if the defendant has access to the full amount, as the money is fully refundable once the case ends.

2. Utilizing a Bail Bondsman (Surety Bond)

The second and more common method, especially when the bail amount is high, is to use a bail bondsman to post a surety bond.

• Payment Source: The defendant or their family pays the bondsman a non-refundable fee, typically 10% of the total bail amount.
• Process: In exchange for this fee, the bondsman guarantees the full bail amount to the court. The bondsman then posts a bond (a legal promise) that secures the defendant's release.
• Fee Structure: For example, if bail is set at $10,000, the defendant pays the bondsman $1,000 (10%). This $1,000 is the bondsman's profit and is not returned to the defendant, regardless of the case outcome or whether they appear for all court dates.
• Risk: By using a bondsman, the defendant signs a contract that allows the bondsman to track and, if necessary, apprehend the defendant should they fail to appear in court. The defendant's family may also be required to put up collateral (like property or assets) to secure the bond.
• Advantage: This method allows a defendant to be released for a fraction of the total bail amount, making pretrial release accessible when the full cash amount is out of reach.