February 11, 2011

Affordable Bails New York inc. and its Queens, Brooklyn, and Manhattan offices bring you a guide to our

 most frequently asked questions as bail bond agents.

 

What Is Bail?

The term Bail is used in several distinct senses: (1) It may mean the security­ cash or bond­ given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security either an undertaking or deposit ­for the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond. In the Queens, Brooklyn and Manhattan courts most judges in two forms. The first number which is usually higher is the insurance company bond the second is the cash alternative.

 

How Much Does A Bail Bond Cost?

Federal Courts

15% of the bond amount

Immigration Bond

20% of the bond amount

State Courts

Anywhere between 6.25% and 10% of the bond amount, depending on the state in which you live. Queens, Brooklyn and Manhattan courts in New York state these are the rates.

Sample cost breakdown for a $10,000 bond:

Federal

$1,500

Immigration

$2,000

State Courts

$860.00

 

 

When Talking About Bail, What Do You Mean By The Term Undertaking?

An undertaking is a permissible type of bail security. The taking of bail consists of a competent court in Queens, Brooklyn and Manhattan accepting an undertaking of sufficient security for the appearance of the defendant, according to the terms, or the surety will pay a specified sum to the state. Corporate sureties are commonly used, and the Suffolk County courts in Central Islip New York will accept an admitted surety insurer`s bail bond if executed by the insurer`s licensed bail agent and issued in the insurer`s name by an authorized person.

 

 

Must You Always Use A Bail Bondsman?

The defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for the Suffolk County courts in Central Islip New York is to adopt a written policy permitting acceptance of checks or money orders, upon conditions that tend to assure their validity, in payment of bail deposits. Some courts have a maximum amount over which a personal check will not be accepted. Depending upon the jurisdiction, government bonds may be accepted.

 

 

What If Someone Believes That The Money To Be Used To Bail Someone Out Is The Product Of Criminal Activity?

The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the source of the consideration, etc. was feloniously obtained, or the judge or magistrate has probable cause to believe the source was feloniously obtained. If probably cause exists, the defendant then bears the burden by a preponderance of evidence to prove that no part of the source was so obtained. A defendant who prevails must be released on issuance of a bail bond as specified in the Queens, Brooklyn and Manhattan courts in New York State.

 

What Is The Purpose Of Bail?

The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in the Queens, Brooklyn and Manhattan courts in New York State , whether before or after conviction. Bail is not a means of punishing a defendant, nor there a suggestion of revenue to the government.

 

Is Bail A Matter Of Right?

Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A crime is a capital offense if the statute makes it potentially punishable by death, even if the prosecutor has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is great when he or she is facing death or life in prison without the possibility of parole.

 

Is The Public Safety Considered In The Decision To Admit A Defendant To Bail, Or To Deny Bail?

Bail can be denied in certain non­capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption great, bail may be denied in the following instances; in felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm to others. In a felony case, if the Queens, Brooklyn and Manhattan courts in New York State finds on clear and convincing evidence that the accused has threatened another with great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. There the existence of a substantial likelihood of harm must be determined on the basis of the specific circumstances of the case. The decision to grant or deny bail is subject to review on petition by the defendant.

 

What Is Considered By The Court In Fixing The Amount Of The Bail?

The amount of the bail is primarily within the discretion of the judge or magistrate in the Queens, Brooklyn and Manhattan courts in New York State , with only two general limitations: First: The purpose of bail is not to punish, but only to secure the appearance of the defendant, and it should be fixed with that in mind. Second: Excessive bail, not warranted by the circumstances is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant`s previous criminal record, and the probability of the defendant appearing at the trial or hearing. Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, threats to the victim or a witness, the use of a deadly weapon, and the defendant`s use or possession of controlled substances. A judge or magistrate in the Queens, Brooklyn and Manhattan courts in New York State setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond.

 

Does The Bail Bond Continue Forever, Can You Get It Back?

When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety terminates.

 

What If The Defendant Absconds?

The surety or depositor may arrest the defendant, or authorize and agent to do so for the purpose of surrendering him into custody to ensure his future appearance. This extraordinary power of the bail bondsman is of ancient origin. When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge, and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed; it is likened to the re­arrest by the sheriff of an escaping prisoner. The following may be authorized to arrest a bail fugitive: A certified law enforcement officer. A person licensed by the State to do so (i.e., holding a bail license in another state and authorized in writing by the bail or depositor to make the arrest). A person contracted and authorized in writing by the bail or depositor to do so, Bail Fugitive Recovery Person. A private investigator or persons doing the foregoing have been called bounty hunters, yet the term does not fit the facts of today`s world, they are acting under contract

 

IN What Instances Will The Bail Be Forfeited?

A judge in the Queens, Brooklyn and Manhattan courts in New York state must in open court declare forfeited the undertaking of bail, or the money or property deposited as bail, if, without sufficient excuse, a defendant fails to appear for any of the following: (a) arraignment, (b) trial, (c) judgment, (d) any occasion prior to the pronouncement of judgment if the defendant`s presence in court is lawfully required, or if the defendant fails to surrender in execution of the judgment after appeal.

 

If The Defendant Does Not Appear And The Court Orders Forfeiture, Can It Be Set Aside If He Later Appears?

A Queens, Brooklyn and Manhattan courts in New York state will sometimes order bail forfeited on the defendant`s nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an explanation for the absence. Some instances of this would be the nonappearance because of death, illness, or insanity, or detention by civil or military authorities, and if the absence was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness would be where the defendant is confined to bed by reason of a doctor`s order. If a defendant flees and the prosecuting agency does not seek extradition the bail may be exonerated.

 

When Can A Court Order A Recommitment?

Despite prior admission to bail the trial court in  Queens, Brooklyn and Manhattan courts in New York state may recommit the defendant to custody in several situations; when the defendant has failed to appear and bail has been forfeited, when the court determines that the surety is dead, insufficient, or has left the state, failure to give bail in an increased amount when ordered, or when the trial has commenced and the judge orders the defendant committed to custody. The right to bail may be terminated at the time of trial in the discretion of the trial judge. The order for recommitment must recite the facts and direct the defendant`s arrest and commitment to custody. If the ground cited is for an offense other than failure to appear for judgment upon conviction and the offense is bail able, the court may fix bail and admit the defendant to bail in the sum fixed.

 

If The Defendant Has Absconded, What Must The Bail Fugitive Recovery Person Be Able To Show? Is That Person A Bounty Hunter?

That he possesses the authority to arrest by virtue of satisfying any licensure requirements a state may impose upon such a person. Additionally, he or she must have in their possession proper documentation of authority to apprehend issued by the bail or depositor, which shall include the name of the individual authorized to apprehend the bail fugitive, the address of the principal office, the name and business address of the bail agency, or other party contracting with the individual authorized to apprehend a bail fugitive. In a historical sense they are a bounty hunter as they generally are contracted to do this and are remunerated for their services by the bail agency or other contracting party. The bounty hunters of old are not the bail fugitive recovery persons of today. Some jurisdictions require significant training and licensure of persons engaged in the recovery of bail absconders.

 

What If The Underlying Criminal Charge For Which Bail Was Granted Is Dismissed?

Statutes provide for exoneration of the surety in the event of dismissal. However, there is usually a time period within which the prosecuting agency may seek to re-­arrest and charge with a public offense arising out of the same act or omission upon which the action or proceeding was based.

 

What About Release On One's Own Recognizance?

A defendant may be released from custody under his own recognizance if he files with the Queens, Brooklyn and Manhattan courts in New York State or other authorized person a signed release agreement. The agreement must generally include the following: a promise by the defendant to appear at all times and places, as ordered by the court, magistrate, or other person authorized to release the defendant, and as ordered by any court in which, or any magistrate before whom, the charge is subsequently pending; a promise by the defendant not to leave the state without leave of the court; an agreement by the defendant to waive extradition if he fails to appear as is required and is apprehended outside of the state; and an acknowledgement of the defendant that he has been informed of the consequences and penalties applicable to violation of the conditions of release. A trial court`s discretion to impose additional conditions is limited to conditions which are reasonably related to and attempt to insure subsequent court appearances.

 

When Can Bail Be Increased?

After a defendant has been released, the Queens, Brooklyn and Manhattan courts in New York State in which the charge is pending may require him to give additional bail in an amount specified or to meet an additional condition upon a finding made in open court that the defendant has failed to appear; or that additional facts have been presented that were not shown at the time of the original release order, and the court may order him to commitment unless he or she gives such bail or meets such other conditions.

 

 

What Else May Happen When A Defendant Fails To Appear?

The Queens, Brooklyn and Manhattan courts in New York State may issue a bench warrant for his apprehension and arrest for the failure to appear upon the underlying charge, which would thus be a separate triable offense, separate and distinct from the original charge. The appropriate agency will enter each bench warrant issued on a private surety ­bonded felony case into the national warrant system, the National Crime Information Center (NCIC).

 

What Is An Immigration Bond?

An immigration bond issued for delivery of an alien guarantees that the individual will appear for all I.N.S. hearings on time and depart the United States at a specified date. An immigration bond conditioned for maintenance of an alien, guarantees that the person will be financially independent during the time he/she is in the United States.

 

 

What Is A Bail Bond Indemnitor?

A bail bond indemnitor is the co­signer for the bail bond. The indemnitor is responsible for seeing that all premiums are paid for a defendant`s bail bond. Bail bonds are normally good for one year. If the case continues for longer than a year, additional premiums will be due and collected for each year the case goes on. Bail bond premiums are not refundable, as they are used for the bail agent`s expenses, etc. The indemnitor is also responsible for additional expenses incurred by the bail agent in the transaction of a bail bond, such as long distance calls, travel, etc. An indemnitor is no longer liable for the defendent`s bond when the defendant has completes all of his/her court appearances, and when all premiums have been paid. It is best to contact the bail agent when the bond is exonerated by the court, for the expedient return of any collateral pledged and to confirm that the bond is exonerated. In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses incurred, or until the court exonerates the bond. The bond then becomes void.

 

How Does The Bail Process Work?

When an individual is arrested for a crime in most states, that person will be taken to a law enforcement center for booking prior to incarceration. Once arrested and booked, the defendant has several options for release pending the conclusion of the criminal case. The bail system is designed to guarantee the appearance of a criminal defendant in court as directed.

 

 

 

 

Published in Bail In The News!
Friday, 04 February 2011 14:35

history of a bounty hunter

HISTORY OF A BOUNTY HUNTER

February 4, 2011  Affordable Bails New York and our Queens, Brooklyn and Manhattan brings you the interesting article on the History of bail agents

and how they really operate in in queens ,Brooklyn and Manhattan. 

I was young when I got started as a bail recovery agent. I had just turned 23 and recently been honorably discharged from the Army. I was working as an EMT for an ambulance service in Oklahoma City, and I needed a second job to earn a living wage. It was 2004, and the TV show 'Dog the Bounty Hunter' was just starting to become popular. While watching an episode, I thought to myself, "I could do that." So I set out to become a bounty hunter -- or bail recovery agent, as it is properly referred.

After doing a little research I discovered that most states require bail recovery agents to be licensed bail bondsmen. Two of the states that didn't have such restrictions were Oklahoma, the state I was desperately trying to escape from, and Arizona, the state I had always wanted to move to.

Bail recovery is a very difficult business to break into. Bail bondsmen usually work with tight-knit groups of agents, and proving that you are up to the task and not just another 'Dog the Bounty Hunter' fan is quite difficult.

As an interesting side note: Dog is not actually a bounty hunter; he is a convicted felon and is legally forbidden from being a registered bail recovery agent. This is why when you watch the show, you'll never see Dog actually place the fugitive under arrest, nor carry a gun. Hence, the pepper spray guns he carries.

My first bounty came to me out of the blue, from a bondsman that I had never met before, by the name of Blacky Blackshear out of Colorado. The name sounded fake, like something out of a bad western movie. At first I thought someone was playing a prank on me. But when the fax with the bench warrant came through, I knew the job was for real.

The bounty's name was Roger. Roger was wanted in Colorado for a domestic assault charge and was reportedly staying in Arizona with his mother. Earlier in the week, Blacky had been in Tucson to arrest Roger. When Roger saw him approaching, he ran, causing both of them to get injured and allowing Roger to get away.

Blacky was fed up and wanted someone else deal with Roger, so he called me. I tried to play it cool and pretend that I was a seasoned professional, when in reality I could hardly contain my excitement. I realized immediately that if I wanted the job there were a couple of hurdles I'd have to overcome. First was the fact that I was broke and therefore stuck in Oklahoma. I told Blacky to give me a few days to check the situation out, after which I'd give him a ring.

Though it was my first assignment as a bondsman, I knew I had skills that would help me. My years of working as an EMT had taught me how to deal with people in a manner that greatly diminished the chances of a situation turning violent. I have found, after years on the job, that I can often get people to agree to most requests just by talking to them. If I wanted to, I'm sure I could be a great salesman.

I made a couple of failed attempts to contact Roger by phone. Each time I either got voicemail or his mother, who would repeatedly tell me that Roger wasn't there. During one of my calls I could actually hear Roger talking in the background. It finally hit me. I already had an in and hadn't realized it. Roger's mother was an elderly woman and it was obvious that they had a very strong relationship.

So the next time I called, I didn't ask for Roger, but spoke to her. She told me how the domestic assault charges were really the actions of a jealous ex who was upset with Roger for breaking up with her. She broke down and began crying when the conversation shifted to Roger's encounter with Blacky. She said that he came home cut up and bleeding and told her that someone had chased him through back yards and side streets. She knew that I was coming to arrest her son, and couldn't bear the idea of seeing someone putting her son in handcuffs.

I never mentioned that I was still in Oklahoma. After a little more persuasion, I finally got her to agree to convince Roger to talk to me. She told me he wasn't home, but to call back in a couple of hours when he was and she would make sure that he spoke to me.

I made the phone call, not sure if Roger was actually going to be there, or if he was going to burn me and disappear while he still could. A kind "hello" from a male voice on the other end of the line, greeted me. A wave of adrenaline flashed through my body.

"Roger?" I said, trying to remain professional.

"Speaking."

"My name is Topher Jones. I am a bail recovery agent and I need to talk to you about the warrant for your arrest in Colorado."

He was decent enough to honor his mother's and my agreement, so I decided not to insult him by beating around the bush. As we spoke, I could tell that Roger was a rather decent individual who really did want to do the right thing. After talking to him a little longer, I got him to agree to turn himself in. Again, the issue of my location was a problem, but only a minor one. I bought him a greyhound ticket to Colorado and he agreed to show up.

The next day, I was contacted by a guy named Jon who was interested in getting into bail recovery. He told me he was willing to volunteer his time, so I asked him to watch Roger and make sure he didn't try to run.

 

The day of Roger's bus trip came and I called to make sure that he was going to be on time. The phone rang and rang and nobody answered. Panicked thoughts raced through my head. Had he burned me? Did he skip out in the middle of the night? I called Jon who said that he had been sitting on the house all night and hadn't seen anything. I called again. The "ring-ring" through the receiver seemed to take forever.

Finally, Roger answered. He was just getting ready to walk out the door to go to the station. He thanked me for letting him have a day to say goodbye to his family and we hung up.

Roger got on the bus as agreed. I had forwarded his travel itinerary on to Blacky, who decided to meet the bus two stops early to arrest him. And my first case was successfully closed.

 

Since that first case, I have caught 173 fugitives, and the lessons learned with Roger have been with me ever since. In my time as a bail recovery agent, I rarely have to chase a fugitive. I find that talking will usually resolve the situation. I've spoken to Roger several times since his case and he is doing very well. I realized that when dealing with him, I unintentionally offered him a way to change his life. Instead of forcing him to do something. I offered him the opportunity to choose to do the right thing.

I now know that while some use brute force and testosterone-fueled attempts, in order to impose authority that they don't have, calmer heads usually prevail.

Lessons in bail recover brought to you by Affordable Bails New York Inc.

 

Published in Bail In The News!
Monday, 24 January 2011 05:45

MAFIA BOSSES ARRESTED

Affordable Bails New York and our Queens, Brooklyn and Manhattan brings you the interesting article on the arrest in Queens, Brooklyn, anmd Manhattan of major

Mafia figures on major criminal charges.

Authorities arrested 119 organized crime suspects on Thursday in what the FBI called the largest single-day operation against the Mafia in history.

The roundup, conducted with the help of former mobsters turned informants, shows the Mafia remains a threat despite decades of crackdowns that have sent its hierarchies to prison but also that the famed "omerta" code of silence is largely a myth, officials said.

More than 800 federal and local law-enforcement officials detained suspects in at least four states plus one in Italy, targeting New York's five Mafia "families," one in New Jersey and one in New England.

Sixteen grand jury indictments charged 127 suspects with murder, drug trafficking, extortion, gambling, loan-sharking and other crimes going back 30 years, U.S. Attorney General Eric Holder told a news conference in New York.

Five of those indicted were already in prison, putting the total number detained at 124, and three others were not in custody, the Justice Department said.

The Italian-American Mafia, also known as La Cosa Nostra with its roots in Sicily, maintains a hold on American popular culture thanks to decades of movies and television shows including "The Godfather" in 1972.

Some of the suspects were known by colorful nicknames typical of the Mafia such as "Tony Bagels," "Vinny Carwash" and "Junior Lollipops," according to the indictments.

But Holder called them "among the most dangerous criminals in our country."

"Some allegations involve classic mob hits to eliminate perceived rivals. Others involve senseless murders. In one instance, a victim allegedly was shot and killed during a botched robbery attempt. And two other murder victims allegedly were shot dead in a public bar because of a dispute over a spilled drink," Holder said.

The FBI said it worked with the Italian National Police to apprehend and charge one suspect in Italy.

STRENGTH OF MOB DISPUTED

Janice Fedarcyk, assistant director in charge of the FBI's New York Division, sought to dispel the notion that the Mafia had been debilitated or was less violent than in the past.

"Arresting and convicting the hierarchies of the five families several times over has not eradicated the problem," Fedarcyk said.

New York-based criminal defense attorney Bruce Barket disputed that claim, saying much of the strength of La Cosa Nostra was eliminated long ago and has been replaced by others such as Albanian and Russian organizations.

"Privately, law enforcement officials will tell you there isn't anybody left," Barket said. "Many of today's arrests are of older mobsters for crimes committed a long time ago."

Among those charged in New York were leaders of the Colombo and Gambino families including the Colombo street boss Andrew Russo, 76, acting underboss Benjamin Castellazzo, 73, and consigliere Richard Fusco, 74, authorities said.

Two of the Gambinos charged included consigliere Joseph Corozzo, 69, and ruling panel member Bartolomeo Vernace, 61. New England boss Luigi Manocchio, 83, was also arrested.

Howard Abadinsky, an organized crime expert from St. John's University in New York, said the sweep would likely only have a short-term effect.

"There are definitely dangerous people that have been taken off the streets," Abadinsky said. "But the sweeps provide an opportunity for the up-and-comers that have been toiling in the trenches to move up."

Published in Bail In The News!
Monday, 24 January 2011 05:44

PICKING A BAIL AGENT

Bail bonds and criminal attorneys who to call when you’re arrested

January 23rd, 2011 Affordable Bails New York and our Queens, Brooklyn and Manhattan brings you the interesting article about picking a bail bond agent in Queens, Brooklyn and Manhattan. the article also makes suggestions about the character and attitude you should look for in picking an attorney in Queens, Brooklyn and Manhattan.

Bail bonds and criminal attorneys who to call when you’re arrested

Finding a bail bonds agent in Nassau, Suffolk counties or the five boroughs of new York city  is an extremely valuable decision because your independence or lack thereof is based on the expertise of those in bail bonds. You should also consider an attorney to defend you if you were charged with a criminal offense or have a chance at serving time in jail. When you need an attorney, get the best you can afford. When looking for bail bonds, also look for attorneys.

Bail bonds companies can sometimes be very helpful in getting you back on your feet after you have been charge. They can also sometimes help find attorneys and may give you tips. How much time has the attorney been practicing law? Do they prefer plea bargains or going to court? Do they perform well in the court room? What will be the time required and is it all going to be billed? All of these are crucial to getting a competent attorney who can win your case.

The thing you don’t want to do is to end up in court accompanied by a lawyer who has never solely completed a case before a judge. Always seek a free consultation in order to meet the lawyer and find out how you feel about this person. Make sure it is someone you can work with.

It is also important to seek an attorney with experience in the area of law that concerns your case. Attorneys usually represent a very specific type of law so get one that is truly proficient in the area of the law for which charges you are facing. If you plea bargain instead of going to trial (which usually many cases are), your attorney should have expertise in this as well.

Attorneys must be good negotiators and mediators, which ensures you get the best plea bargain possible. It’s important that they know what they are doing. It is your freedom (not theirs) that’s in jeopardy.

Published in Bail In The News!
Tuesday, 21 December 2010 05:41

Dwi Hommicide Sentenced

Friday, 17 December 2010 00:00   Affordable Bails New York and our Queens, Brooklyn and Manhattan brings you an article about the DWI conviction  and sentence

Nassau County District Attorney Kathleen Rice has announced that Robert Feder was sentenced to 16 years in prison by a Nassau County judge after pleading guilty to killing a Nassau County Deputy Attorney in a Westbury car crash last May while under the influence of cocaine.

According to police, Feder, 51, of Huntington Station, pleaded guilty to Aggravated Vehicular Homicide, Attempted Murder in the Second Degree, and Driving While Ability Impaired by Drugs on Oct. 29.

Rice said on May 4, 2010 just before noon, Nassau County police officers on patrol for reckless and aggressive drivers spotted Feder cross a solid white line while driving a stolen 2010 Hyundai Elantra eastbound on Old Country Road in Westbury. After Feder turned north onto Ellison Avenue, he increased speed and ran every stop sign, Rice said, leading the officers to activate their lights and sirens in attempt to stop Feder.

Instead of stopping, Feder accelerated away from the police car and ran the red light at Maple Avenue, broadsiding 62-year-old John Carney of Levittown as he drove his 1997 Buick westbound, Rice explained. Carney was a 37-year veteran of the Nassau County Attorney’s office. As a Deputy County Attorney, Carney was responsible for preparing the County’s defense in various legal cases. Carney was pronounced dead at the scene, police said, and the driver of a van stopped at the red light was also injured in the crash.

Detectives explained that at the time of the crash, Feder did not have a valid driver’s license and had his license suspended 19 times. The vehicle he was driving was stolen from a Hyundai Dealership in Hicksville and affixed with stolen license plates from Florida, noted Rice. Tests revealed that Feder had taken cocaine prior to the crash, according to Rice, and multiple crack pipes were found in the glove box of the stolen car.

“Mr. Carney dedicated 35 years of his life to public service to the people of Nassau County, and he will be truly missed as a member of his community,” Rice said. “This defendant’s drug-fueled decision to get behind the wheel ensured that this crash was not an accident, but an inevitability.”

Assistant District Attorney Brendan Ahern of the Vehicular Crimes Bureau is handling the case for the DA’s Office. William Kephart, Esq, a Mineola attorney who also practices in hempstead represents Feder.

Published in Bail In The News!

01/25/11 Affordable Bails New York and our Queens, Brooklyn and Manhattan brings you the interesting article on the reduction in crime

in New York city, Queens county , Knigs County and Manhattan.

 

Crime reports in the Third Precinct are down this year over last year according to Nassau County Police Inspector Kevin Canavan, who was the guest speaker at the Mineola Chamber of Commerce meeting Tuesday night at Piccola Bussola. 

"When I came to this command last year, we had enjoyed in the county the lowest crime rate in over 42 years,” Canavan said. “The crime rate had continually gone down. It was a pretty tough act to follow.” Eleven months into 2010, Canavan said that in terms of total overall crime, the precinct is down 13-percent down from “our lowest level in 42 years last year.” Major crimes are down about another six- percent. "Everything is going the right away,” Canavan said.

According to the Inspector, the Third Precinct, the largest command in Nassau County, has a pro-active, pro-arrest policy. "We really toughened up our stance in a lot of different areas," he said. "We're making our uniform guys much more accountable than they were under the past commanding officers.” Arrests are up by about seven-percent over last year. “With the crime rate going down, our overtime has been kept in check," Canavan said.

Published in Bail In The News!

January 28, 2011 Affordable Bails New York and our Queens, Brooklyn and Manhattan brings you the interesting article about arraignment procedure in Queens, Brooklyn and New york counties.

If you've initially been charged with a felony, but haven't yet been indicted, you usually will be arrested and brought before an Arraignment Judge in District Court who will set bail on you and then schedule your case to Part 9 on a date in the not to distant future. The purpose of Part 9, which is actually a part of the District Court (yet its located in Mineola, while the rest fo the District Court is located nearby in Hempstead). The purpose of Part 9 is to screen out the "felonies" that aren't quite as important or heinous as most of them are. That means that the District Attorney has a few days to evaluate each case and see if they want to pursue it as a felony or send it back down to District Court as a Misdemeanor and let the District Court take care of it.

Published in Bail In The News!
Wednesday, 08 December 2010 09:41

Depending on the type and gravity of the crime.

Depending on the type and gravity of the crime, a person who is arrested, may have the legal option of buying a bail. By taking the bail, the person is allowed to go out from jail and hence can remain free, until he is required by the court for his hearing. These bail amounts are kept as a big lump sum of money, to ensure that the person will appear in court on the date he is called, and in most cases, this bail amount is then refunded to the person if he remains present for the hearing. Typically, the bail amounts are kept such that it is high enough to ensure that the person will return to the court when needed, and yet be low enough to deter the person from staying in jail.

However, in many cases, the person may not be able to pay such a huge amount as required by the justice department and has no option but to stay in the jail. There are various bail bonding agencies, lawyers and Companies, which specialize in providing different bail bonds to help such people in getting the bail. Typically, these institutions pay for most of the bail amount, about 85 percent or even more, and the person who is jailed has to just pay the remaining part. When the person appears for his hearing, since the court will refund most of the bail amount, not only do the bail bond institutions get their money back, but they also get their fees by charging the person getting the bail for their services. In cases where the bail amount is very high, the bail bond institution may also ask for a collateral, because if the person remains absent at the Court, then the money will not get refunded and the Company will make a loss.

Published in Bail In The News!
Wednesday, 08 December 2010 08:32

Sometimes we make mistakes.

Sometimes we make mistakes. It is not that we deliberately break the law, sometimes it is just unavoidable. Sometimes we do not even know it unless charges are pressed against us. So what’s a poor citizen to do?

Well, that citizen can fight it out in court. But just as any person doesn’t go to battle without armor, you can’t go to the judge unprepared. That is just plain suicide. No, you need a good army of lawyers behind you to help you get out of your mess. You need a good, hardworking Nassau county criminal defense attorney. You need to know your stand, and you need to stand your ground.

Being pressed with charges can turn your life upside down, that is why it is important to act quickly and acquire damage control before it’s too late and people close to you are also affected. What is worse is when you are being accused of a crime that you did not commit. A  Nassau county criminal defense lawyer has the responsibility of providing legal representation to the accused. The lawyer does not have the responsibility of proving innocence or helping the guilty to be set free. He has your best interests in mind and it is his job to protect you. The Nassau county criminal defense lawyer focuses on getting your case dismissed.

Published in Bail In The News!

Nassau County, Hempstead and Mineola Bail bonds  are quite simply legal notices that permit you to get out of imprisonment if you are arrested for a crime or on suspicion of a crime. The amount of cash it takes to get bailed out of jail will depend on the seriousness of the crime the individual is charged with. The person accused could make contact with a friend or family to post bail for them utilizing a Nassau County, Hempstead and Mineola Bail bonds bail bond agency. A good way to find a local bail bonds agency is to do a search online but instead of searching for “bail bonds New York” you should be searching more narrow like “bail bonds Nassau County, Hempstead and Mineola”.

From the outside a Nassau County, Hempstead and Mineola bail bond is something so straightforward that you ought to be able to visit any bail bond agency and obtain the legal right to bail the individual out of jail. Nonetheless, it is vital that you use a local bail bond agency as opposed to just some other agency you feel is trustworthy. Generally there are several reasons why a local bail bond agency is often a superior choice.

Published in Bail In The News!
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