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How Do I Post Bail?

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To post bail there are two types of bail- cash bail and bail bond.

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Post Bail  – Cash Bail

If both the person who will post bail and the defendant are in court, cash bail can be posted in the courthouse, and the defendant can be released before being transferred to jail. This most commonly occurs at the initial arraignment. If you plan to post bail for a defendant following an arraignment or other court appearance, you should tell a court officer, so that the defendant will be held in the building for release. Bail posted in the courthouse must be paid in cash; the courthouse cashiers do not accept any form of check.

Bail can also be paid at the Justice Center in Syracuse, NY, Local Justice Courts and other various City Courts and jails. Jails will accept certain kinds of certified or government checks as well as cash, but there are restriction on the amount and type.

Post Bail – Bail Bond

If you are posting a bond, you will need to find a bail bondsman. They can be located through the yellow pages or online, and often have offices near the courthouse. Bail bondsmen must licensed by New York State; make sure you deal with one who has a valid license.

How Do I Get My Bail Money Back?

If the defendant has made court appearances as required, cash bail should be returned at the end of the case. When the case is over, the judge should issue an order for the return of bail (“exonerating” the bail). The Local Court, City Court or Justice Center, Sheriff’s Department will issue a check to the person who deposited the bail. If the case has ended in a conviction, 3 percent of the bail will be kept by the government. If your bail has not been returned after 6 weeks you may wish to contact an attorney to assist you in its return. You should have your bail receipt available when you call, so that you can provided the information they will need to find the case.

What If My Bail was Forfeited?

If a defendant does not come to court when required to do so, the judge may order that bail be “forfeited,” or kept by the City. There is a procedure, called “remission of forfeiture,” which allows a person who posted bail to apply for it to be returned if it has been forfeited. Some people hire a lawyer to do this, but you can do it on your own if you cannot afford a lawyer. Keep in mind that there is a strict deadline for a “remission of forfeiture” application: you must apply within one year of the date that the court ordered the bail forfeited. If the bail was forfeited in Supreme Court (a felony case), the application must be made to the court that issued the forfeiture order. If it happened in Criminal Court (a misdemeanor case), the application is made to a Supreme Court judge in that county.

An application for “remission of bail” must be made in writing. If you are proceeding without a lawyer, you should ask the court clerk for instructions about how to proceed.

What if I can’t post the cash bail or bond?

First, you or your family member has to find out when you are scheduled to go in front of the Judge.  Hiring any attorney to help you convince the Judge not to set a high bail or release you on your own recognizance is suggested.

If they won’t set bail, this means you may have two prior felonies.  You will need an attorney to obtain a bail hearing in front of the Judge able to set bail under those circumstances.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See also:

SHOULD I TALK TO POLICE?

 Criminal Charges and Defense

 

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Should I Take A Breathalyzer Test?

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should-i-take-a-breathalyzerDo I have to take a breathalyzer test if the police ask me to? Most folks know that they have a right to refuse this test, and that is true. Many people are under the impression that refusing a breathalyzer test if they have been pulled over is a good move. In many cases this is NOT a good move.  This is why you need to get good and experienced advice.

Lets clarify something first.  There are two breath tests you will likely be subjected to if suspected of driving while under the influence of alcohol.  The first test is the roadside test.  The second is the test done at the police station after being arrested.

The first roadside test should only be administered by the police if there are other indicators of DWI – such as a valid traffic stop, followed by possible odor, and standard field sobriety tests.  THIS ROADSIDE TEST IS NOT ADMISSIBLE AT TRIAL.  Should you take it?  Most likely the answer is yes. Regardless of the result, it will most likely not affect your case.

If you are arrested and brought down to the station for booking, you should be asked to blow into a calibrated machine.  This test is admissible and will be used to produce the actual amount of alcohol in your blood.  Should you take this test?  It depends.  How much have you drank (if anything)?  When did you take your last drink?  Have you been convicted or plead to any previous DUI or DWI charges?  These are some of the factors that come into play when making a decision.

You should know that refusing to take a breathalyzer test may result in an administrative suspension of your license by the NYS DMV for one year. This administrative suspension will prevent you from obtaining a hardship license while your case is pending in court and may result in an additional suspension of your license by the DMV beyond any suspension imposed by the court. You must think very carefully before refusing a breathalyzer test.

If you have refused a breathalyzer test, or been charged with DWI, don’t wait to get good advice. Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See also:

DWI-Traffic Charges

What will hiring a lawyer cost me?