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New York Bench Warrants and Bail Modification or Revocation

Bail Bond Conditions and Violations in New York

If you have been charged with a crime in New York, you may be released prior to the trial. Release comes subject to conditions of your bail bond. If you violate the terms and conditions of your bail bond, your bond may be revoked. Federal law describes penalties for violating any condition of pretrial release. You could be sent to jail to await trial. Prior to a bond revocation, the court must hold a hearing. An alternative to revocation is modification of your bond conditions.

New changes in the law have made it easier for defendants. They can now explain a missed court date prior to the issuance of a bench warrant. If you have recently missed a court date, contact our office right away. Speak to a defense lawyer immediately.

Recent Changes in New York Bail Bond Laws

If you miss court, a bench warrant could be issued for your arrest. This applies even if you are only charged with a minor offense. A bench warrant is signed by a judge and directs police to arrest you. New York’s criminal justice reforms have eliminated cash bail for most defendants. This means that you could be sent to jail unexpectedly on your way to work. For example, if you are pulled over for an unrelated offense, you could end up in jail. A night or longer in jail becomes possible because of the missed court date.

Luckily, bail bond laws have changed in New York. These changes make it easier to explain your absence. You must act in a timely manner. Notify your attorney as soon as possible regarding the circumstances. These circumstances must have caused you to miss court. Now courts must provide 48 hours for you turn yourself in. This waiting period helps avoid the issuance of a bench warrant.

Important Exceptions to the 48-Hour Rule

There is an important exception to this new rule. If there is credible evidence that you willfully refused to appear for court, immediate action follows. A warrant may still immediately be issued for your arrest. For example, if you made statements to a witness such as a court clerk, consequences follow. If you stated that you did not intend to appear for court intentionally, action is swift. The court may issue a bench warrant without the 48-hour waiting period.

If you expect you will miss court, contact your lawyer immediately. Many judges will not be sympathetic if you must miss court to work. They won’t accept that you have planned a vacation. Court dates are typically scheduled well in advance. What you say to your attorney is confidential. It is much better for your lawyer to tell the court why you could not appear. This is better than attempting to explain the situation on your own behalf. Especially after a bench warrant has already been issued.

Cash vs. Commercial Bonds

A bail bond may be cash or commercial. A cash bond must be paid in full. New York laws limit how much a bail agent may charge for a bail bond. A commercial bond is covered by a bail bondsman. You pay a percentage of the full amount of the bond. You also pay the bondsman’s fee to the bail bond company.

If you miss court, you could be charged with failure to appear. A warrant will typically be issued for your arrest. If you do not appear at court to explain why you missed court, consequences follow. Your bond could be forfeited.

Bail Bond Hearings

If you violate the conditions of your bond or miss court, the court will act. A request for a bond hearing may be made in writing. The court will set a hearing regarding possible modification of your bail conditions or revocation. A hearing required before the court may revoke your bond. This hearing determines whether you must stay in jail until your trial date.

A bail bond hearing is a chance for your defense lawyer to present evidence. Your lawyer can present any reasons you missed court. If you were in the hospital or were in jail for another offense, documentation helps. Your attorney can present paperwork to the court. This shows that you had a reasonable excuse for failing to appear at your court date.

Bail Bond Modifications

If you violate a condition of your bond, an alternative exists. Pre-trial detention is not the only option. A bail bond modification may be available. For example, if you miss court with no explanation, conditions change. The conditions of your bond could be modified to include refrain from contact with certain people or mandatory programming. Requirements for you to wear an electronic monitoring device to track your GPS location may apply. The amount of your bond could also be increased.

Courts may impose requirements and restrictions like drug testing. No contact orders are common. Orders for you not to leave the state may apply. Any other conditions that will make it more likely are possible. These conditions ensure that you will appear for your next court date.

Consult a New York Defense Lawyer

Do you have questions about bail bonds in New York? Even if you missed court and do not have a good reason, help is available. Our attorneys may be able to help keep you free on bond until your next court date. Having a skilled and experienced defense attorney on your side can make all the difference. The difference appears between being faced with strict conditions or jail. It also determines whether you’re allowed to enjoy your freedom on your current bond. Contact our office to schedule a consultation for more information.