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Bail in a New York Theft Case

January 30, 2019

Bail in a theft case in New York can be a worrying prospect. Individuals often want to get out of jail as soon as possible. They want to be out of jail and at home to plan their defense. In order to get out of jail, some individuals arrested on a theft charge may have to go to a bail bondsman. The bondsman would provide the tools and money needed to secure a release.

The bail process

The bail process on a theft case would result from the arrest. An individual is arrested either while they are committing a crime or after. They are taken to a local jail and booked. Soon after their booking, an individual has to be brought before a judge. The judge decides if there is enough evidence to charge the individual. If they are charged, a person is then either granted release on their own recognizance or cash/alternative bail. The individual is also given a trial date. They will be held in jail until that trial date if they are unable to post bail.

Setting bail

Judges look into a wide variety of factors when determining bail. The most important is the chance that an individual is a flight risk. This chance intensifies if charges are more severe. A charge like theft would often result in a bail in the hundreds to thousands of dollars depending on the size of the property stolen and whether or not violence was used. Judges also look at the potential that the individual being arrested is a menace to the public. Violence in the commission of a crime may also lead to this determination that would then lead to a high bail. Excessively high bail is prohibited by the Eighth Amendment to the United States Constitution.

Ways to meet bail on a theft case

The clearest way to meet bail is to pay the bail money to the court. Paying bail money would result in the individual being released from jail as quickly as possible. But many people cannot acquire the large amounts of money required when paying bail. Some individuals may be able to raise the money from family or friends. For those individuals who cannot, they would have to turn to a bail bondsman.

The bail bondsman is basically a financial professional whose office is often located close to the courthouse. They often have an agreement with the court because of the large volume of cases that they may handle on a regular basis. The bail bondsman is not a justice official. He or she does not care whether or not an individual is being charged with a violent or property crime.

They are only interested in an individual’s credit worthiness and whether or not they will pay their bill. If it is determined that an individual is a good credit risk, the bail bondsman signs a contract with the arrested individual and the court. The arrested individual generally pays the bondsman 20% of their bail and the bondsman provides a promissory note for the rest to the court. The note is paid if the individual skips bail.

Conclusion

Any individual arrested in a New York theft case needs to consider their options. If they are able to pay their bail, they should do so immediately. They should also contact family and friends who may be able to help them cover bail with some sort of loan. The individual should then go to a bail bondsman if these efforts fail. The bail bondsman will help ensure that they will be out of jail and will have the best chance to defend themselves against any potential charges.

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