Can I Get Bail Reduced in My New York Criminal Case? How?
Contents
- 1 Can I Get Bail Reduced in My New York Criminal Case? How?
- 1.1 Overview of Bail in New York
- 1.2 Why Get Bail Reduced?
- 1.3 How to Get Bail Reduced in New York
- 1.4 What Factors Help Get Bail Reduced?
- 1.5 Common Concerns About Seeking Bail Reductions
- 1.6 Finding a Criminal Lawyer to Help With Bail Reductions
- 1.7 Conclusion – Bail Reductions Are Possible With Proper Legal Help
- 1.8 Resources
Can I Get Bail Reduced in My New York Criminal Case? How?
Dealing with a criminal case in New York can be scary and overwhelming. You may be wondering if it’s possible to get your bail reduced while your case moves through the system. The good news is – yes, bail reductions are often possible in New York. Here’s what you need to know:
Overview of Bail in New York
In New York, judges have a lot of discretion when it comes to setting bail. They can consider factors like:
- The severity of the charges
- Your prior record
- If you are a flight risk
- If you are a danger to the community
Judges can set bail in different forms:
- Cash Bail – This requires you to pay the full bail amount in cash to the court to be released.
- Bond – Instead of paying the full amount upfront, you pay a non-refundable percentage to a bondsman who posts your bond.
- Unsecured Bond – The judge sets bail but does not require any money upfront for release. But you owe the set amount if you miss court dates.
- Non-Monetary Release – No bail is set and you are released on your own recognizance.
Bail amounts in New York can range from a few hundred to hundreds of thousands of dollars depending on the charges. Many people cannot afford high bails which is why bail reductions are important.
Why Get Bail Reduced?
There are two main reasons to try and get your bail lowered in New York:
- Avoid Pre-Trial Incarceration – Spending time in jail pre-trial can negatively impact your criminal case and personal life. Reduced bail allows you to fight your case from outside jail.
- Afford Bail Release – High cash bails essentially deny release to lower income individuals. Bail reductions make it possible for more people to afford their release.
Spending even a few weeks in jail pre-trial can lead to lost jobs, problems with housing, and strain on relationships and family members. Studies show people released pre-trial have better case outcomes too.
How to Get Bail Reduced in New York
In New York, there are three main ways defense attorneys try to get bail lowered for clients after arrest:
1. Initial Bail Hearing
At your first court appearance (usually within 24 hours of arrest), your defense lawyer can argue for reduced bail to the judge. They will present evidence of your ties to the community, compliance with court dates in other cases, and lack of criminal history. If granted, you may be released on your own recognizance or have bail set at an affordable amount.
2. Bail Reconsideration Hearing
If initial bail arguments fail, your lawyer can request a special bail reconsideration hearing and make arguments again. New evidence of changed circumstances can help like:
- Proof you lost your job because of incarceration
- Medical documentation you cannot get proper treatment in jail
- Testimony from family that kids are missing school to visit you
Presenting hardships faced because of unaffordable bail gives judges reason to reduce it.
3. Bail Appeal
After reconsideration hearings, bail appeals to higher courts are a last resort. Appeals argue the initial bail violates due process or equal protection rights. Appeals rarely overturn bail decisions unless there was clear judicial error or bias in the initial decision.
According to NY criminal lawyers, bail appeals require complex legal arguments, significant evidence of rights violations, and lengthy waits so they are less common.
What Factors Help Get Bail Reduced?
While every case differs, there are some factors judges consider favorably when deciding bail reduction requests according to bail reform advocates:
- First time offense – People without a criminal record often get lower bail.
- Strong community ties – Proof you have longstanding ties to family, employers, schools etc. in the area which make you less of a flight risk.
- Health conditions – Serious medical issues that cannot be treated properly in jail.
- Unaffordable bail – When initial bail is far beyond your financial means.
- Unpreventable violations – If bail was revoked for issues out of your control like hospitalization.
- Excessively high bail – When bail seems disproportionate to the charges against you.
Presenting evidence to back up these factors to judges can help show that reduced bail is reasonable and necessary.
Common Concerns About Seeking Bail Reductions
Many people have understandable concerns when it comes to trying to get their bail lowered in New York:
Will it negatively impact my case?
- Asking for bail reductions is very common and judges do not hold it against defendants. An experienced criminal lawyer knows how to advocate for bail relief without jeopardizing the case.
What if I have a criminal record?
- Past convictions do not automatically disqualify you from getting bail reductions. Defense lawyers can still present arguments centered around rehabilitation, unfair bail practices, and showing past crimes are different from current charges.
Is it expensive to request bail reductions?
- Many criminal lawyers offer payment plans or discounted representation to clients who cannot afford standard legal fees. Reduced fee legal aid organizations also help people argue for lowered bail in New York.
Are bail reductions a long process?
- Bail arguments at initial arraignment hearings usually happen quickly. Further reconsideration hearings may take weeks or months depending on the courts schedule. Defendants often first try shorter term bail relief routes before lengthy appeals.
Can bail relief arguments backfire?
- Experienced criminal defense lawyers understand how to tactfully argue for bail reductions without upsetting judges. They also only pursue bail relief when the arguments for lowered bail are reasonably sound.
The process varies case-by-case, but with an experienced criminal lawyer, seeking bail reductions can help people avoid unfair pre-trial punishment.
Finding a Criminal Lawyer to Help With Bail Reductions
Getting an experienced criminal defense lawyer is key to successfully seeking bail relief. When researching lawyers to help get your bail lowered consider things like:
- Do they have experience handling bail arguments in New York courts?
- What strategies do they use to argue for bail reductions?
- Do they have experience winning release for clients with serious charges?
- Can they provide examples of cases where they got bail significantly reduced?
- How quickly can they take action to argue for bail relief?
Be proactive in searching for lawyers familiar with New York bail laws and practices. Quality legal representation maximizes chances of release pre-trial.
Conclusion – Bail Reductions Are Possible With Proper Legal Help
Being detained pre-trial because of inability to pay bail effectively denies justice and fairness. New York law does provide avenues to seek bail relief for people facing financial hardship. An experienced criminal lawyer can argue to judges that lowering bail serves justice without compromising public safety. While the legal process poses challenges, reduced bail and pre-trial release remain important goals worth pursuing for many defendants.
Resources
- Bail Reform and Risk Assessment: The Cautionary Tale of Federal Sentencing – Academic paper examining bail reform debates.
- Why We Need to Reduce Bail Amounts in New York – Video explaining high bail harms low income New Yorkers.
- Study: Cash Bail Failures & Successes in New York City – Data analysis on bail setting practices in NYC courts.