Brooklyn Bail Application Lawyer

Brooklyn Bail Application Attorney

Being placed under arrest can be distressing. Often, a person who has been detained following an incident may have the option to post bail and be released while their criminal case is pending. If you or a loved one has been arrested, a Brooklyn bail application lawyer works with you to secure a release by posting bail.

At The Law Office of Jonathan Savella, we handle various types of criminal defense cases. Our team may assist you in securing bail during an arraignment and can guide you on how the bail can be paid and what you should and should not do while out on bail. Our dedicated team has your back from the start.

Bail In Brooklyn Explained

Following an arrest, an individual may be required to pay bail to secure their release from custody. Bail is a financial agreement in which a specified amount is paid to the New York Department of Corrections (DOC), allowing a defendant to be released from custody and ensuring that they attend future court hearings.

The 5th and 6th Amendments provide that any person accused of a crime be afforded due process, including a speedy trial. The option to receive bail forms a critical part of this process, guaranteeing that a person is not unduly detained while their case is pending.

Bail is usually paid in the following ways:

• The full amount is paid in cash at one of the DOC’s locations, including Brooklyn courts. There are various forms of payment accepted by the department, including checks and credit cards.
• A person can pay a bail bond if they are not able to afford the full bail amount. Bail bonds can be paid through insurance company bonds, where a payment agreement is entered, and a fee is charged for the company to pay the bail on your behalf.
• Partially secured bonds allow a defendant to pay a percentage of a total bail amount.

A person released on bail must comply with bail conditions in order to remain free from custody while their case is resolved. Conditions include making required court appearances, restricting travel outside of a certain location (i.e., the state or country), and refraining from contacting any victims of a crime they have been accused of. They should also refrain from committing other crimes.

In all cases, any bail amount paid is forfeited if the accused person fails to make their required court appearances, regardless of who posted the bail – friends, family, or even an attorney.

Review of Bail Application Process

Bail is not set immediately after an arrest. The bail amount is issued by a judge during a hearing.

Following an arrest, a detained person should be scheduled for an arraignment hearing as soon as possible. During the hearing, the defendant appears in front of a judge and is read their charges.

Unless the person pleads guilty, a defendant may request bail.

For many misdemeanors and non-violent crimes, defendants are ROR (released on their own recognizance) or under community-based supervision. Oftentimes, bail and bail amounts are set after considering factors such as the nature of the crime, any public safety concerns, or if the arrest is a flight risk.

If a person cannot afford the set bail, an attorney can assist them in filing a formal bail application to request a modification to the bail amount.

Once charges are dismissed or if the defendant is acquitted, bail monies may be refunded, minus any fees paid to a bail bond company.

Why You Should Hire a Brooklyn Bail Application Lawyer

It is recommended that you contact a skilled criminal defense attorney as soon as you have been arrested for a crime. This ensures that you do not incriminate yourself and that you can succeed in requesting bail to be released while your case is pending resolution.

Working alongside a Brooklyn bail application lawyer can provide relief as you navigate the bail application process. During the arraignment, an attorney can present information to a judge to prove that you are not a flight risk and should be released from custody. If the bail is requested by the prosecutor, a defense attorney can fight for a fair bail amount. They may also submit a request to reduce the bail amount following the hearing.

Once the arraignment process is completed, a bail application lawyer can work with you and your family to determine the ideal way to post bail. They can explain to you the benefits of paying cash bail or working with a bail bond company. They can also walk you through the steps to secure your release once payment is made.

One of the most important roles an attorney has is informing you of your legal rights and responsibilities while you are waiting for your trial. They may advise you on what you should or should not do while out on bail.

A last step a Brooklyn bail application lawyer can help with is securing your funds back once your case is dismissed or if you are found not guilty of the crime you have been charged with.

FAQs

Q: How Much Is Bail in NYC?

A: How much bail is in New York City is dependent on the crime that was committed. You may also be able to secure a bail reduction if it is too high. You can file a motion in court and present evidence to the judge. The amount can also be influenced by a previous criminal record. Under certain cases, a defendant may be released on their own recognizance (ROR) without the need to pay bail.

Q: Can a Lawyer Pay Your Bail?

A: According to the New York State Bar Association and New York law, a lawyer may not pay for bail on a client’s behalf. They may, however, provide guidance to a friend or family of a defendant to secure their release through payment of bail or by working with a bail bondsman.

Q: Do You Get Bail Money Back in New York?

A: You can get bail money back in New York following a trial if a person has complied with the conditions of their bail, including attending court hearings, and if the person has been acquitted of the crime they were charged with or if charges were dismissed. Any fee associated with a bail bond company may not be refunded.

Q: What Are the Rules When Out on Bail?

A: The rules when out on bail usually include attending all required court dates, refraining from committing additional crimes, and not traveling outside the state. In some cases, a defendant may be required to wear a monitoring device and avoid contact with any victims or family members of a victim of the alleged crime.

A Brooklyn Bail Application Lawyer You Can Trust

A knowledgeable Brooklyn bail application lawyer can explain the bail process with clarity, affording you more options as your trial is pending. When you work with the Law Office of Jonathan Savella, you can count on robust legal counsel when you need it most. We can represent you during your trial and advocate for a fair bail amount. We also counsel you and your family on your different bail options.

Contact our office today to learn more about the bail process for your case.