If bail has been set, how do I get my loved one released from jail or police custody?
Since the new bail reform took place as of January 1, 2020, there are now 4 ways to post bail. They are:
- Unsecured Bond;
- Partially Secured Bond;
- Cash Bail; and
- Bail Bond.
The Judge who sets bail must provide 3 options for bail. One of the three choices must be partially secured bond or an unsecured bond.
What does Unsecured Bond mean?
Unsecured Bond is when a Judge imposes an amount of bail, but no actual money has to be paid for the release of the charged individual. In this case, a family member or friend will sign documents agreeing to be responsible for the full amount of the bail if the person charged (known as the defendant) does not come to court as directed by the Judge. Once the Judge approves the paperwork, the person being held by the police or the court will be released to you. If the accused party comes to court as required, you will not be responsible to pay any money. On the other hand, if the defendant fails to appear in court when required you will be responsible for the full amount of the bail set by the judge.
What is Partially Secured Bond?
A Judge can set a bail amount and require that up to 10% of the bond be required to be paid before a person in custody can be released. In this case, you would need to place the money with the court before the release of the defendant. If approved by the Court, multiple people can agree to be responsible for a partially secured bond. At the end of the case, if all appearances are made, the amount provided to the Court will be returned to the person(s) who posted the partially secured bond. If the accused does not appear as directed, those who posted the bail will not receive any money back and will be required to pay the remaining portion of the full bond.
What is Cash Bail?
Cash bail requires the full amount set by the Judge to be paid. At the end of the case, if all appearances are made, the amount provided to the Court will be returned to the person(s) who posted cash bail minus a 3% court fee. If the accused does not appear as directed, those who posted the bail will forfeit all money that was paid for the release of the accused.
What is a Bail Bond?
When a judge imposes bail, there is an option to use the services of a bail bondsman. You pay the bail bondsman a fee for posting the bail. This fee is for placement of the bond and for the release of the accused. At the end of the case, if all appearances are made, you do not receive any money back. If the defendant does not appear in court, the bondsman will be responsible for the full bail amount and will then collect the full bail amount from those who posted the bond. A bail bondsman can require collateral to make sure that they will not be out any money if the accused does not appear in court. Bail bond fees are set as follows:
| Bail Amount | Maximum fee |
| $200 or less | $10 |
| $201 to $3000 | 10% of the bond |
| $3001 to $10,000 | 10% t0 $3000; 8% from $3001 to $10,000 |
| $10,001 and higher | 10% t0 $3000; 8% from $3001 to $10,000; 6% from $10,001 |
Who should I call if I need a Bail Bondsman in the Capital District, Albany, Saratoga, Rensselaer County area?
Using a bail bondsman can be beneficial as you can often provide less money upfront. While there will not be a return of any money at the end of the case, you also do not need to place potentially more money with the court for a long time. Criminal cases can take time to resolve or go to trial. If you utilize the other forms of bail, you will not have access to your money while the case is pending. Other benefits of using a bail bondsman include the ability to post bail during non-Court hours; their ability to recommend lawyers for a case; and their overall knowledge of the court system.
In the Capital District, we use the following bail bond agencies. Both are accessible 24 hours a day and are very responsive to their clients.
| Tom Coluccio/Kyle Yarter | Jay Bernardo/Rick Bernardo |
| Goldstein-Costello Bail Bond Agency, LLC | Bernardo Bail Bonds |
| 40 Colvin Avenue, Suite 104 | 21 Everett Road Extension |
| Albany, NY 12206 | Albany, NY 12205 |
| 518-465-2245 | 518-434-8118 |
| www.bailbondsalbanyny.com | www.bernardobail.com |
You should not post bail for anyone you do not trust or believe is a flight risk. Posting bail can result in a financial hardship. Bail should only be posted for someone that you have had a long-standing relationship with.
