Bail Conditions in New York

When someone is arrested in New York, a judge can decide to release them before their trial under certain conditions known as “bail.” Bail is basically a promise that the defendant will return to court when they are supposed to. If they don’t show up, they lose their bail money. There are a bunch of different types of bail and conditions which can be set – let’s break it down:

Cash Bail

This is probably what most people think of when they hear “bail.” The judge sets a dollar amount, and the defendant has to pay that amount to get out of jail. If they show up to court, they get the money back at the end of the case. If they miss court, they lose the money. Cash bail is basically like a security deposit you put down to make sure you don’t skip town.

Cash bail is controversial. Due to it means poor people often get stuck in jail pretrial while rich people can just buy their way out. That’s why New York reformed its bail laws in 2019 to reduce cash bail for minor crimes. More on that later!

Bond

With a bond, the defendant doesn’t have to put up the full bail amount. Instead they pay a bail bondsman a percentage – usually around 10% – and the bondsman puts up the full amount. At the end of the case, the bondsman gets the full bail amount back from the court and keeps the percentage the defendant paid. If the defendant misses court, the bondsman is on the hook for the full bail amount.

One common type of bond is a surety bond – that’s when the bail bondsman is backed by an insurance company. Bail bondsman have to be licensed by the state.

Partially Secured Bond

This is kind of a hybrid of cash bail and bond. The defendant puts up part of the full bail amount themselves as a cash deposit. Then they pay a bail bondsman a percentage fee to put up the rest. It’s kind of like putting 20% down on a house, and getting a mortgage for the rest.

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Legal Scenario: What Would You Do?

Scenario

Your brother was arrested for assault in Brooklyn and the judge set bail at $10,000 cash with conditions that he stay away from the alleged victim and submit to electronic monitoring. He wants to know if he can get the bail amount reduced or the GPS ankle bracelet requirement removed because it's interfering with his job as a delivery driver.

Can my brother's bail conditions be modified after they've already been set by the judge?

Attorney's Answer

Yes, your brother's attorney can file a motion to modify bail conditions under New York Criminal Procedure Law § 530.30, which allows either party to request a bail review at any time during the case. The court will consider factors like the severity of the charges, your brother's ties to the community, employment status, and prior criminal history when deciding whether to adjust the conditions. For the electronic monitoring specifically, his lawyer can argue that the GPS requirement is unnecessarily restrictive given the nature of the charges and propose less burdensome alternatives such as regular check-ins with a pretrial services agency. It's worth noting that under New York's 2020 bail reform laws, many offenses no longer qualify for cash bail at all, so depending on the specific assault charge, his attorney may be able to argue that cash bail should not have been set in the first place.

This is general information only. Contact us for advice specific to your situation.

Unsecured Bond

With an unsecured bond, the defendant doesn’t have to put up any money or collateral. They just sign a promise that they’ll pay the full bail amount if they miss court. The judge has to trust them at their word – hence “unsecured.”

Non-Monetary Conditions