An arrest can be a confusing and frightening experience, especially when you’re unsure of what happens next. Understanding how the bail process works can help you navigate this moment with more clarity and control.

What Happens After an Arrest?

After an arrest, the individual is taken into police custody for processing, which involves recording information, fingerprinting, and formal charges.

Depending on the situation, one of two outcomes follows:

• The person may be released with a Desk Appearance Ticket (DAT), requiring them to appear in court later, or
• They are brought before a judge for arraignment, where bail may be considered.

The arraignment is a key step where the judge decides whether the person will remain in custody or be released while the case proceeds.

What Is Bail and Why Does It Matter?

Bail is a financial guarantee allowing someone to be released from custody while waiting for their court dates. It ensures the person will return to court as required.

Bail is not a punishment; it’s a system designed to balance the right to freedom with the need to ensure accountability.

Judges consider several factors before setting bail, including:

• The seriousness of the charges
• Past criminal record (if any)
• Ties to the community, such as family or employment
• The risk of flight or missing court appearances

When bail is posted, the person is allowed to return home while the case moves forward.

Types of Bail in New York

There are several ways to post bail in New York, depending on the circumstances:

• Cash Bail: Paying the full amount directly to the court.
• Bail Bond: A licensed bail bondsman posts bail for a percentage of the total amount.
• Partially Secured Bond: A smaller upfront payment with a promise to pay the rest if the person fails to appear.

If all court dates are attended, bail funds are typically returned at the end of the case, minus any administrative fees.

For Immigrants, Bail Can Be Even More Critical

When the person arrested is an immigrant, the process can have additional consequences.
An arrest may alert immigration authorities, leading to possible detention or immigration proceedings.

Securing release through bail quickly allows individuals to continue working with their legal team to manage both criminal and immigration matters effectively. In many cases, timely release can help prevent more serious immigration complications down the line.

Our Approach: Fast, Strategic, and Focused on Freedom

The bail stage is one of the most crucial moments in any criminal case. Acting quickly and presenting strong reasons for release can make a major difference.

A thoughtful, strategic approach at this stage helps ensure that individuals can return to their families, prepare their defense, and face the legal process from a place of stability and dignity.

Bail isn’t just about temporary freedom; it’s about giving people the chance to protect their rights and rebuild their future.