The Role of Commercial Bail Bonds

Commercial New York bonds are becoming more common nowadays across the state. Having a bond ensures the defendant or a representative on the defendant’s behalf must sign a contract with one of the numerous bail bond firms in New York. The bond broker must then post bail on behalf of the defendant in question after the contract is signed. If you wish to learn more about this, visit this link.

Why is this implicit in? This ensures that if the defendant refuses to appear the company will be liable for the entire amount of bail. Would this make the defendant scot-free, because his bail was already shouldered by a private provider? Not exactly. As the contract also states that if the defendant refuses to meet all court dates, he or she will lose the collateral and the corporation will demand further fines.

Why would that be so?

New York laws state that a percentage of the funds paid to a bond company, also known as the premium or charge, can be kept by that supplier, irrespective of the case’s outcome and even if the defendant attended all court hearings in full. Premiums are limited to 10 per cent of the total amount if they are less than $3,000. The case is different if the total bail payment reaches $3000 but is less than $10000. In such cases, New York bail bond companies are allowed to charge for premiums an additional 8 per cent. If the bail amount reaches $10,000, the provider can charge 14 per cent more.

In addition to paying a fee, these companies are often permitted by statute to claim that the defendant or their relatives post limitless sums of collateral to fund the issuance of the bond. They are also allowed to seek limits on the personal liberty of defendants, such as imposing curfews or compulsory private company meetings. Any violation of the rules can be cited as basis for forfeiting the posted collaterals.