Our Albany criminal defense attorneys at O’Brien & Eggleston PLLC know getting arrested for a crime in New York typically comes with at least one night in jail.
You can post bail after an arrest, but the specific timing and procedures can vary depending on several factors, including the type of offense, the circumstances of your arrest, and your situation.
Here, our Albany County defense lawyers outline a few key points to help you understand how posting bail in New York works.
There Will Be an Arraignment Hearing
After your arrest, you will typically be brought before a judge for an arraignment hearing. At this hearing, the judge will inform you of the charges against you and may set bail.
You may request a bail hearing if you are not released on your own recognizance (ROR). At this hearing, your attorney can argue for lower bail or your release without bail.
There are Different Types of Bail
New York has different types of bail, including cash bail, secured bail (such as a bond), and partially secured bail. The judge will determine the type and amount of bail based on various factors, including the seriousness of the offense, your criminal history, and your ties to the community.
There are Different Payment Options
If the judge sets cash bail, you can pay the total amount in cash, cashier’s check, or money order. If you or your family cannot afford the full bail amount, you can seek assistance from a bail bond company. They will typically require a percentage of the bail amount as a fee, and they will post the full bail on your behalf.
There are Different Conditions of Release
In some cases, the judge may impose release conditions, including restrictions on your travel, orders of protection, or participation in pre-trial programs. Be sure to understand and comply with these conditions fully.
There are Different Processing Times
The time it takes to process your bail payment can vary, but it is generally possible to post bail shortly after the judge sets the amount. The processing time may depend on the specific circumstances and the workload of the local jail or detention facility.
What Effect Does Bail Have on Your Case?
Posting bail does not determine your guilt or innocence. It is a financial guarantee that you will appear in court for your scheduled hearings. If you fail to appear, you may forfeit the bail, and a warrant may be issued for your arrest.
Contact Our Dedicated Criminal Defense Attorneys in New York for Help
It is essential to work closely with an attorney during this process to ensure your rights are protected and explore your options for bail. If you have difficulty paying the bail amount, your attorney can advise you on seeking a bail bond, which can help you secure your release while your case is pending.
Contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients. See how we can pursue a positive outcome for your case.