Erie County Jail - Holding Center Inmate Bail & Bonds

Search for an Inmate or Active Arrest Warrant in Erie County

New York • Erie County • Bail & bond help

Erie County bail and bond: Buffalo Holding Center, Alden, and the court steps in between

Erie County runs two jails through the Sheriff's Office Jail Management Division: the Holding Center at 40 Delaware Avenue in Buffalo, where people wait for court, and the Correctional Facility at 11581 Walden Avenue in Alden. Both hold people who have not been arraigned, people who have not been sentenced, and people who are sentenced. Find the right one with Erie County Inmate Search.

The Holding Center handles more than 20,000 bookings a year, so a name can move quickly. Below you will find who sets bail, where it is paid, and how defenders get involved.

Which jail has my son, Delaware Avenue or Alden?

Look him up with Erie County Inmate Search. The Holding Center, 716-858-7638, is the maximum-security pretrial jail, with a capacity of 638. The Alden facility, 716-937-9101, can hold about 884. Many unsentenced people stay about 3 days on average, so the location can change fast. Sheriff John Garcia's office also answers general questions at 716-858-7618.

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Is there a quick way to learn bail and charges?

The inmate search is the fastest start. If the name does not appear, call the Holding Center and give the full name and birth date. A person who has not been arraigned will not yet have a bail figure, because only a judge sets it.

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What does arraignment decide for someone arrested in Buffalo?

The judge reads the charges, advises the person of rights, and picks one of three paths: release without bail, release with conditions, or bail. Buffalo City Court at 50 Delaware Avenue, 716-845-2600, arraigns people accused of felonies as well as lesser offenses. It is open weekdays, 9 a.m. to 5 p.m.

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Where can cash bail be paid?

The Sheriff's Office accepts cash bail for city, town, and village courts around the clock, every day. Call the Holding Center at 716-858-7638 to confirm how to pay for your case before you go downtown. Ask whether the court that set bail is a city, town, or village court.

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Is the money I put on a commissary account bail?

No. A deposit to an inmate account is not bail and does not release anyone. Account deposits are made at the first-floor cashier's window near the Delaware Avenue entrance, or through the services the Sheriff's Office lists for packages.

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Do I need a bondsman if I cannot afford the whole amount?

A judge in New York must offer at least three forms of bail, including a surety bond that is unsecured or partly secured. A bondsman is one way to pay. Ask the judge or clerk which forms were allowed. Bondsmen hold a state license and must follow set price caps.

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What does a bondsman cost on a $6,000 bond?

The most a licensed agent may charge is $300 on the first $3,000 plus 8 percent of the next $3,000. That is $240, for a top price of $540. Bonds over $10,000 add 6 percent of the excess. A lower price is fine, but a higher one is illegal. Report an overcharge to the Department of Financial Services.

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Can bail be set in a violent felony case?

Yes. A violent felony is on the list of offenses in the Criminal Procedure Law that allow bail, release with conditions, or, for a qualifying felony, commitment to the Sheriff's custody. Charges that cause a death, strangulation of a family member, and some firearm crimes are on the same list.

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Who defends me if I cannot pay for a lawyer?

In Erie County, defense is provided by the Legal Aid Bureau of Buffalo, 290 Main Street, 716-853-9555, and by the Aid to Indigent Prisoners Society of the Erie County Bar Association, 403 Main Street, Suite 215, 716-856-8804. Ask the judge for appointed counsel at arraignment.

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Which court takes the case after a felony arraignment?

Erie County Court sits at 25 Delaware Avenue, ground floor, with a main line of 716-845-9300. It is open 8:30 a.m. to 5 p.m. on weekdays. The Holding Center, Buffalo City Court, and the County Court all have Delaware Avenue addresses.

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What if a defendant misses court after bail is posted?

Bail is not returned, a warrant is issued, and the surety can file a motion called bail remission. The motion must be filed within one year after the forfeiture. Hire or call a lawyer right away, and bring proof of why the date was missed.

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Where are teenagers held in Erie County?

Youth accused of acts that would be crimes before age 16, and 13- to 15-year-olds charged with serious crimes in adult court, go to the Youth Services Center, 810 East Ferry Street, Buffalo. Its intake desk, 716-923-4000, takes admissions around the clock. A 16- or 17-year-old charged with a serious crime has to be held apart from adults in specialized secure detention.

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How is cash bail refunded?

The person who paid brings the receipt and photo ID to the court after the case ends. A conviction lets the government keep 3 percent, and a dismissal or acquittal returns the full amount. A lost receipt requires a notarized statement.

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What are appearance tickets and desk appearance tickets?

They are papers that let a person go home with a court date. For most offenses where an officer may arrest without a warrant, the officer must issue one. The return date is as soon as possible and normally within 20 days. Serious felonies and some family-related charges are exceptions.

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How does a judge decide on the amount?

The decision must be individual. The judge looks at the charge, the criminal record, past flight from court, any order of protection violation, firearm history, and the person\'s finances, and then explains the reason. A request for nominal bail must be granted if the person makes it freely.

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Are there free bail funds in Erie County?

Under state law a registered nonprofit may post $2,000 or less for a person charged with misdemeanors who cannot afford bail. It cannot charge a premium or sign as surety. Ask Legal Aid at 716-853-9555 about funds that work with defendants.

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Where do I check that a bondsman is licensed?

The Department of Financial Services keeps a bail bond license search. Use it before you hand over a dollar. Complaints about agents, insurers, or charities go to the department\'s complaint page. An agent who charges more than the legal rate can owe triple the overcharge.

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Erie County contacts

Holding Center
40 Delaware Avenue, Buffalo, NY 14202; 716-858-7638
Correctional facility
11581 Walden Avenue, Alden, NY 14004; 716-937-9101
Jail pages
Erie County jails
Bail guide
Bail and bond instructions
Custody lookup
Erie County Inmate Search
Sheriff's Office
716-858-7618
City court
Buffalo City Court, 50 Delaware Avenue; 716-845-2600
County court
25 Delaware Avenue, Buffalo; 716-845-9300
Defenders
Legal Aid Bureau, 716-853-9555; Aid to Indigent Prisoners, 716-856-8804
Youth detention
Youth Services Center, 810 East Ferry Street; 716-923-4000

Hours, prices, and procedures are updated from time to time, and a judge can order terms that differ from the general rules described here. Confirm the details with the Sheriff's Office or the court before you pay. Nothing here is a substitute for a lawyer.

How do Bail Bonds work at Erie County Jail - Holding Center

Cash bails will be accepted for the city, towns, and village courts 24 hours per day, seven days a week.

 

Erie County Jail - Holding Center

Address:
40 Delaware Ave
Buffalo, NY 14202
Phone:
716-858-7638

Frequently Asked Questions


Does Erie County have bail?

When is bail set in Erie County New York?

 

 

Does Erie County have bail?

Yes, but the state of New York only applies bail in violent or felony cases. Non-violent and most misdemeanor cases always qualify for release on own recognizance. Tioga County recognizes most types of bonds.

 

 

When is bail set in Erie County New York?

Bail for lesser offenses is set at the time of booking. If bail is required for felony cases, it will be set by a judge at the first court hearing. This hearing, also called an arraignment, generally takes place on the next available court date excluding weekends and holidays.

How Does Bail Work in Erie County?

What is Bail?

Bail is what the arrested in Erie County must pay or do to stay out of jail until the first court appearance. 

The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program. 

Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane. 

If a judge in Erie County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.  

Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court. 

If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Erie County Jail - Holding Center until the case is resolved or goes to trial. 

Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses. 

What is the difference between Bail and Bond?

Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.  

The bond payment is always written to the court in your municipality, Erie County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.

DO NOT panic and take the time to understand all the options.  

More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.  

Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation. 

Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.  

On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.  

What are the different types of bonds in Erie County?

Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.

To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.  

Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.

Here are different options that the seller of the car or the court might consider:

You could pay full asking price for the car in cash. This is similar to paying cash bail.  The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.

You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front. 

If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you. 

Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.

Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.

You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over. 

The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.

You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value. 

A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).  

Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.  

There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond. 

You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The ban charges fees, interest and could keep your property if you did not pay the loan back, or even on time.  

A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met. 

With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved. 

Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee.  A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.

Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company.  Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsperson will not call asking for money without involvement of the arrested.)

Does Erie County have bail?  

New York only applies bail in violent or felony cases. Non-violent and most misdemeanor cases qualify for release on own recognizance.

What kind of bonds are accepted in Erie County? 

Erie County recognizes most types of bonds.

Who can set bail in Erie County?  

Bail is set by officers during booking for misdemeanor offenses. A judge sets bail for felony arrests.

When is bail set in New York? 

Bail for lesser offenses is set at the time of booking. If bail is required for felony cases, it will be set by a judge at the first court hearing. This hearing, also called an arraignment, generally takes place on the next available court date excluding weekends and holidays.

Can I get the bail or bond reduced in Erie County New York? 

Yes, if bail has been assessed, your attorney may file a motion to have it reduced.

In Erie County New York, who can pay bail for me? 

The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back. 

A surety is not responsible for court fees or paying off personal debts for the defendant.  A professional bondsperson who is approved by the State of New York could be the surety and execute a bond to the court on your behalf.

Can bail be paid online in Erie County New York?

Yes, New York does offer online bail payment. Please contact the jail for specific information on how to pay bail. Go to the Erie County Jail - Holding Center for more information about the jails in Erie County.

What options are there to pay bail in Erie County New York? 

Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted. Go to the Erie County Jail - Holding Center for more information about posting bail in Erie County.

Will I get all my bond money back in New York? 

Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.

Can I get bail or a bond with no money down in Erie County? 

Most non-violent crimes do not require bail. If bail is assessed cash, or a minimum down payment, will be required.

A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front. 

If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you. 

Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.  A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.

What are the least expensive and affordable bail bonds in New York?  

The Erie County Jail - Holding Center or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.  

The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.

Search for an Inmate or Active Arrest Warrant in Erie County

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Every detail on this page is checked by hand, not scraped. This unofficial directory helps friends and family of incarcerated individuals find critical information — inmate lists, locations, bail resources, visitation hours, rules, and text, phone, email, and mail services — for jails, detention centers, and prisons across the United States.