Franklin County Jail Inmate Bail & Bonds
Franklin County bail and bond: what families in Malone need to know
People arrested in Franklin County are held at the Franklin County Jail, run by the Sheriff's Department at 45 Bare Hill Road in Malone. The booking desk answers at 518-483-6795. To see whether a person is in custody and what bail was set, use Franklin County Inmate Search before you call or drive.
Cases start in a town court or in the County Court in Malone. This page covers the first hearing, the cost of release by bond, and the contacts that matter.
Where do I find out if a person was booked in Malone?
Use Franklin County Inmate Search first. A new arrest may take time to show. Then phone the booking desk at 518-483-6795, or the Sheriff's administration line at 518-483-3304 during the day. Sheriff Jay Cook's department can confirm holds that the web page leaves out.
Is a county jail the same as a state prison?
No. A county jail holds people waiting for court, and those with short local sentences. State prisons hold people serving longer sentences. Someone who was just arrested is in the county jail, so check the county search and call the booking desk.
Where is a person first seen by a judge?
A person may be arraigned in Malone Town Court or another local court, or in Franklin County Court. A person sent to jail is remanded to the Franklin County Jail. The County Court is at 355 West Main Street, 518-353-7340, open 9 a.m. to 5 p.m.
Can I pay bail at the jail?
Call the booking desk at 518-483-6795 and ask three things: the hours, the payment forms, and whether the court wants a bond paper or cash. Write down the answers and the name of the person who gave them. Keep your receipt.
How does a judge choose between release and bail?
The judge asks what is needed to make sure the person returns to court. For most misdemeanors and non-violent felonies, the answer must be release, sometimes with conditions. Violent felonies and other listed crimes allow bail or even a hold in jail.
What kinds of bail can the court take?
At least three of nine legal forms must be allowed, and one has to be a surety bond that is unsecured or partly secured. The forms include cash, an insurance company bond, and credit cards. If the judge names only a sum, an unsecured bond can meet it.
How much do licensed bondsmen charge?
New York caps the price. A $3,000 bond costs at most $300. A $10,000 bond costs at most $860, and each dollar above $10,000 adds 6 cents. Full premium must be refunded within 14 days when the person is never released.
What if the bondsman wants my car or house as collateral?
Collateral should be reasonable and is returned within 45 days after the bond ends. A bondsman keeps it only if the bond is forfeited. Ask for the terms in writing. A bondsman may not require you to use a particular lawyer.
Who is the public defender in Franklin County?
The Public Defender, 355 West Main Street, Suite 237, takes calls at 518-481-1624. The Conflict Defender, in the same suite, is at 518-481-1593, and the Assigned Counsel Plan is at 518-481-1423. Tell the judge at arraignment that you need appointed counsel.
Is there a number for the county office building?
The county office at 355 West Main Street, Malone, is reached at 518-481-1500. It is the building that also houses the courts and the defenders. Use it to be pointed to the right floor and office.
What happens if a released person misses court?
The judge can declare the bail forfeited and issue a warrant. A person who returns with a good excuse can ask for the forfeiture to be undone. A request to return forfeited money must be made within a year. Talk to a lawyer before the next date.
What if the person arrested is 16 or 17?
Teens accused of serious crimes are heard in a Youth Part and cannot be held in a jail with adults. They are held in specialized secure detention. The Public Defender at 518-481-1624 can learn where and when for you.
Will I get the bail money back?
Yes, when the case ends. The person who posted it brings the receipt and photo ID to the court. A dismissal or acquittal returns the whole sum, and a conviction lets the government keep 3 percent. If the receipt is lost, a notarized statement is required.
What does a judge weigh in Franklin County?
The judge must make an individual decision. The charge, the criminal record, any history of skipping court, firearm history, order of protection violations, and the ability to pay without hardship all matter. The judge states the reasons. Bring proof of work and a home address.
Could police write a ticket instead of jailing him?
For most offenses where an officer may arrest without a warrant, the officer must issue an appearance ticket instead. It sets a court date that is usually no more than 20 days away. Class A to D felonies and other listed cases can still lead to arrest.
Can a charity help with bail?
A registered nonprofit may deposit $2,000 or less for a person charged with misdemeanors who cannot pay, with no premium. It cannot sign a bond. The Public Defender at 518-481-1624 can say whether such a fund is working in the county.
Can bail be lowered if we cannot pay it?
A lawyer can ask the judge to review the order. A judge must weigh what the person can pay without hardship. A request for nominal bail, a very small amount, has to be granted if the person makes it freely. Call the Public Defender at 518-481-1624.
How do I check a bondsman\'s license?
Use the state\'s bail bond license search before you sign. The Department of Financial Services licenses agents and takes complaints. Acting as a bondsman without a license is a misdemeanor.
Franklin County contacts
- Jail
- Franklin County Jail, 45 Bare Hill Road, Malone, NY 12953; booking 518-483-6795
- Bail guide
- Jail bail and bond instructions
- Custody lookup
- Franklin County Inmate Search
- Sheriff's Department
- Administration 518-483-3304
- County court
- 355 West Main Street, Malone, NY 12953; 518-353-7340
- County office
- 355 West Main Street; 518-481-1500
- Public defender
- 355 West Main Street, Suite 237; 518-481-1624
- Conflict defender
- 518-481-1593
- Assigned counsel
- 518-481-1423
- Bondsman rules
- Department of Financial Services bail page
Charges, hours, and procedures change, and each judge writes the order for the case. Ask the jail or the clerk before you pay anyone. This guide gives general information and does not replace a lawyer.
Franklin County Jail
Address:
45 Bare Hill Road
Malone, NY 12953
Phone:
518-483-6795
Does Franklin County have bail?
When is bail set in Franklin County New York?
Does Franklin 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 Franklin 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 Franklin County?
What is Bail?
Bail is what the arrested in Franklin 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 Franklin 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 Franklin County Jail 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, Franklin 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 Franklin 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 Franklin 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 Franklin County?
Franklin County recognizes most types of bonds.
Who can set bail in Franklin 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 Franklin County New York?
Yes, if bail has been assessed, your attorney may file a motion to have it reduced.
In Franklin 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 Franklin 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 Franklin County Jail for more information about the jails in Franklin County.
What options are there to pay bail in Franklin 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 Franklin County Jail for more information about posting bail in Franklin 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 Franklin 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 Franklin County Jail 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.