Finding a Lawyer to Reduce Bail in New York City

Finding a Lawyer to Reduce Bail in New York City

Getting arrested and having to post bail can be an incredibly stressful and challenging situation. The bail amount set by the judge may seem unreasonable or simply unaffordable. Fortunately, in New York City, you have options for getting your bail reduced or even eliminated.

The first step is finding an experienced criminal defense lawyer who regularly handles bail hearings and bail reductions in NYC courts. A knowledgeable attorney will understand the bail rules and processes and have relationships with prosecutors and judges that could help in negotiating bail. Here are some tips on finding the right lawyer for your situation:

Search State Bar Association Directories

The New York State Bar Association has an online directory of licensed attorneys you can search by location, area of practice, and other criteria. Search for criminal defense lawyers in New York City or in the specific borough where your case is. Look for ones emphasizing bail hearings or reductions.

Ask Friends or Family for Referrals

If you know anyone who’s been through the criminal justice system in New York City before, ask them if they can refer a good lawyer. First-hand recommendations from people you trust can be hugely valuable.

Check Reviews Online

Look for lawyer reviews on Google, Yelp, or Avvo. Read about other clients’ experiences working with the lawyer on bail reductions and other parts of the criminal case. Take reviews with a grain of salt, but they can give useful perspectives.

Search State and Local Bar Associations

Besides the statewide NYS Bar Association, New York City has many local bar associations by county and borough. Their membership directories can help find experienced criminal lawyers in your area of the city.

Look for Legal Aid or Non-Profit Lawyers

If you cannot afford a private criminal defense lawyer, look into legal aid and other non-profit legal services focused on serving low-income clients. Organizations like The Bronx Defenders and Neighborhood Defender Service of Harlem may be able to provide free representation.

Ask Public Defender at Arraignment

At your arraignment hearing, speak with the public defender provided by the courts about your bail situation. They may be able to refer you to affordable representation for the bail reduction hearing.

Contact Law Schools

Many law schools provide legal clinics where supervised law students can take on cases under an experienced criminal attorney’s guidance. This can be an affordable option.

When researching lawyers, look for ones with specific experience handling bail hearings and reductions in New York City courts. Understand how they approach negotiating bail and their success rate. Be sure you feel comfortable with their level of experience and expertise.

How Criminal Defense Lawyers Get Bail Reduced in NYC

There are several key strategies skilled NYC lawyers use to get bail lowered or eliminated for clients:

Negotiate with the Prosecutor

Experienced attorneys negotiate directly with the District Attorney’s office prior to the bail hearing. They advocate for the client and try to reach an agreement for lower or no bail. If a deal is struck, the prosecutor will not oppose it at the hearing.

Present Financial Hardship

The lawyer will compile evidence and documentation showing the client cannot reasonably afford the set bail amount. This includes tax returns, bank statements, employment status, family obligations, etc. The goal is proving the bail is excessive based on financial position.

Submit a Bail Source Motion

For bail amounts clients or family/friends can post with difficulty, the lawyer can file a bail source motion. This asks the judge to accept funds from a verified source as bail collateral, even if funds are not directly available yet.

Propose an Alternate Form of Bail

Instead of cash bail, lawyers can propose the client’s release on alternate conditions like unsecured bond, supervised release, or travel restrictions. The judge may accept these as sufficient assurance the client will return to court.

Present Mitigating Circumstances

The attorney will raise mitigating factors about the client’s character, background, and offense to ask for bail leniency. These could include no prior criminal record, strong family/community ties, employment, health conditions, or other humanizing details.

Argue Bail is Unconstitutional

In cases where bail seems clearly unreasonable, the lawyer can constitutionally challenge it as violation of the 8th Amendment’s “excessive bail” clause. Arguments involve inability to pay and that bail is not necessary to ensure court appearance.

An experienced criminal defense lawyer will leverage their expertise in these negotiations and arguments to maximize the chance of reduced or eliminated bail for clients.

What Factors Influence Bail Decisions in New York?

New York judges consider several factors when setting bail under the state’s bail laws:

Safety of the Community

Judges will assess the charges and evidence to gauge the level of danger posed if the defendant is released. More serious or violent offenses generally have higher bail.

Risk of Fleeing Prosecution

Judges will determine the likelihood the defendant will attempt to flee prosecution rather than face the charges. Higher flight risks mean higher bail.

Defendant’s Criminal History

Prior convictions and failures to appear in court will raise bail, while a clean record helps lower it. Judges consider past compliance with the legal process.

Strength of Evidence Against Defendant

Strong prosecution evidence often leads to higher bail. Weak or questionable evidence may persuade a judge to reduce bail.

Defendant’s Community Ties

Strong family, employment, or other community ties argue for lower bail, while lack of stable connections can raise it. Ties give reason to not flee.

Financial Resources

Defendants without significant financial resources may get lower bail, while wealthier defendants face higher amounts based on ability to pay.

Lawyers use these factors to advocate for reduced bail and judges weigh them all in deciding appropriate bail.

Types of Bail Bonds in New York

There are different forms of bail that may be set by a New York judge:

Cash Bail

The defendant must provide the full bail amount in cash to the court before being released. Cash bail is returned after the case concludes and court appearances are met.

Bond

Allows release without paying the full bail amount upfront but requires a non-refundable percentage payment (typically 10%) to a bail bonds company. The company posts the remaining amount.

Partially Secured Bond

Defendant only has to pay a portion of the total bail (often 10%) as a cash deposit to the court. The rest is unsecured but owed if the defendant flees.

Unsecured Bond

The defendant is released without paying anything upfront but will owe the full bail amount later if they fail to appear in court.

Non-Monetary Conditions

Instead of bail, the judge can order release with supervision, electronic monitoring, travel restrictions, or other non-financial conditions.

Defense lawyers will advocate for the most affordable, least restrictive form of bail appropriate for the client.

Key New York Bail Reform Laws

Recent bail reform laws in New York have aimed to reduce reliance on cash bail and pretrial detention:

2020 Bail Reform

This law prohibited cash bail for most misdemeanors and nonviolent felonies. Judges had to release defendants on those charges. Bail could only be set for violent felonies.

2022 Amendments

These amendments partially rolled back 2020 reforms. Judges regained discretion to set bail for many nonviolent felony charges again. Cash bail remained banned for most misdemeanors.

Defense lawyers are still using these updated laws to reduce or eliminate bail through strong advocacy and negotiation.

Getting Started with a Lawyer

If you or a loved one need bail relief in New York City, the most important step is finding an experienced criminal defense lawyer right away. Look for these signs of a strong legal advocate:

• Extensive specific experience with NYC bail hearings and reductions
• Strong negotiation skills and relationships with prosecutors
• Creative approaches to proposing alternatives to cash bail
• Good at compiling evidence and crafting persuasive arguments
• Affordable legal fees and payment plans

A knowledgeable lawyer fighting on your side can make all the difference in getting bail reduced and being released pretrial. Don’t take chances with your freedom. With the stakes so high, take time to find the best legal representation you can afford.

References

New York State Bar Association Lawyer Directory – https://www.nysba.org/lawyerdirectory/

New York Criminal Procedure Law – Bail and Recognizance – https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-510-30.html

New York State Bail Reform – https://www.nysenate.gov/newsroom/articles/2019/liz-krueger/ny-state-bail-reform-what-does-it-mean

Bail Reform Rollback in New York Leaves Fewer People Jailed Before Trial – https://www.thecity.nyc/2022/6/23/23182509/bail-reform-rollback-new-york-leaves-fewer-people-jailed