Bail Information
How to achieve getting bail:
Go to a bail bondsman who acts as a surety to guarantee paymentto the City the amount of your bail if you do not show up in court.Bondsmen may requiresecurity against your house. Many bail bondsmen write bonds for 10% of the value of the bond. The money will be returned to you if make all the court appearances. Generally, you’ll receive 100% back if the case is dismissed or you are found not guilty, and you’ll get 97% back if you are found guilty or take a plea.
If you paid bail at Court or at a local Jail in New York City, the money is turned over to the New York City Department of Finance along with a copy of the bail receipt. The receipt will have an account number of a Treasury receipt Number.
For more information, contact the New York City Dept. of Finance at:
Department of Finance
Civil Services Unit
Bail Unit
1 Centre Street, Room 2200
New York, NY 10007
(212) 669-2879/80
If an individual is charged with a drug case, or white collar fraud case, the ADA at arraignment will generally ask for a “72-hour surety” and the Judge will generally order one. It is known as either a surety hearing or a bail sufficiency hearing.
A surety hearing essentially means that the ADA is concerned that the defendant might be able to have his bail posted, or the fee of any bail bond posted by illicit funds (i.e., funds that were received as part of a criminal transaction). The ADA will have 72 hours from the posting of the bail/bond to investigate the funds and then to either have a hearing on the issue, or consent of the defendant’s release.
Generally, the ADA will consent to the defendant’s release if the funds are all accounted for from legitimate sources. After Arraignment on a Felony Charge when the Defendant is held in custody the Judge will put the case over for what is called the “180.80 Day.”
Under Criminal Procedure Law (“CPL”) 180.80, if you are arrested on a felony charge, the DA must take some action on your case within 120 hours (five days), or 144 hours (6 days) if the period includes a Saturday, Sunday or holiday, from the time you were arrested.
