Definition of Bail and ROR
Bail: Security provided in exchange for the release of an arrested individual as guarantee that that individual will return to court in the future. Cash bail is the amount of cash that must be deposited.
ROR: ROR is an acronym for Released on your Own Recognizance. When an ROR is issued, a bail is not required and you are free to leave based on your promise to return to court on the scheduled date. Failure to appear in court on the scheduled date may result in the judge issuing a bench warrant for your arrest. Typically, bail will be required once you have failed to appear after being released on ROR.
Remand: To be remanded means your bail has been denied and you will be kept in custody.
Bail Bondsman: A bail bondsman acts as a surety to guarantee the city will receive the bail amount if you do not appear in court. For larger bail amounts, a bondsman may demand security, from you, such as real estate. Typically, bail and bond agencies write bonds for 10 percent of the bail’s face value.
Bail/Bond FAQs:
Is bail refundable? Yes, but you must make each of your scheduled court appearances. If your case is dismissed, or if you are found not guilty, bail/bond will be refunded in full. If you are found guilty, or accept a plea bargain, then only 97 percent of the bail/bond will be refunded.
When is bail/bond set? Bail/bond is set at the conclusion of your arraignment, your first appearance in court. The judge will have 3 options. The judge may: a) order ROR, b) order remand, or c) order bail bond.
What bail payment forms are acceptable? New York State Department of Corrections will accept:
- Cash
- Cashier’s checks
- US Postal money orders
- Bank, Western Union, Traveler’s Express or Federal Express money orders (if the amount exceeds $1,000, money orders in blocks of $1,000, or less, will be accepted)
- Check issued by the city’s Finance Administrator for bail refund
- US Government and Veterans Administration checks up to $1,000. Multiple checks for $1,000, or less, will are acceptable
Credit cards and personal/corporate checks are not accepted.
Where can bail be posted? Bail may be paid in the courtroom if it is posted while you appear before the judge. If you have already left the court, bail may be posted at:
- Bronx House of Detention653 River Avenue, Bronx, NY 10451
- Brooklyn House of Detention275 Atlantic Avenue, Brooklyn, NY 11201
- Manhattan House of Detention (The Tombs)125 White Street, New York, NY 10013
- Queens House of Detention126-02 82nd Avenue, Queens, NY 11415
- Riker’s Island11-11 Hazen Avenue, East Elmhurst, NY 11370
For additional information regarding inmates, bail, visiting hours or travel directions, contact the New York Department of Corrections at 718-546-0700.
Can property be used for bail? In limited cases, where bail is extraordinarily high, your lawyer may request that property be accepted as bail. This is a situation that is normally negotiated, by your attorney, with the prosecuting attorney along with the judge’s consent. Normally, the property offered must have a value at least double that required bail amount.
What is the “bail sufficiency hearing?” It is a hearing the court may hold to determine, and verify, the source of the money used as bail. This hearing may be ordered by the judge in cases involving fraud or drugs and is meant to prevent illegal profits from being used to obtain your release. At the hearing, you will be required to prove that you hve a job, assets, bank accounts and/or lawful means to post bail.
How is bail determined? While there are no set guidelines for bail amounts, it does depend on many factors. The facts of the case, the charges, the judge, the prosecutor, your criminal record and other items are taken into consideration.
We always suggest that our clients bring the maximum amount of money with them to their first court appearance. The judge will not ask how much money the defendant has, but will set the bail without asking about ability to pay.
