Bonds

Regarding traffic violations at the Traffic Violations Bureau, many individuals are asked to post a $40 cash bond when asking for an additional adjournment of a case or if a hearing date has been previously missed.  It is in the discretion of the judge whether to ask for and/or allow the posting of a bond.  This is a deposit that is returned at the conclusion of the case.

More typically, people think of bonds in the context of criminal matters.  In the state of New York, a person has the right to secure a bail or bail bonds in order to be released from custody. Bonds are typically issued directly after an arrest.

New York authorizes the following forms of bail:

  • Cash
  • Secured surety
  • Secured appearance
  • Partially secured surety
  • Partially secured appearance
  • Unsecured surety
  • Unsecured appearance
  • Credit card

To be legally binding in the state of New York, a bail bond must state the name, address and occupation of each obligor, the title of the criminal charge and the offenses which are involved. The bail bond must also name the principal and the nature of that person’s involvement in the action or proceeding.

A bail bond is in effect until all criminal proceedings have been completed. This means that the principal, or person accused of committing the crime, must adhere to all rulings and orders issued by the court. Should the person not appear for a court date or fails to follow a judge’s orders, the entirety of the bail becomes due and the bond is forfeited.

Posting a bond is often done with the assistance of a bail bondsman who is licensed to work within the state. The bonds person may have additional stipulations for posting a person’s bail. The bonds person should make these stipulations clear before any money is exchanged. A list of bonds persons legally able to conduct business in the state of New York can be found online or by contacting the local courthouse.