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27 Jul 23

Bail in New York State: Qualified and Non-Qualified Offenses

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Last Updated on: 20th August 2023, 06:00 am

Bail in New York State: Form, Type and Amount

Bail is a commonly used tool in the court system. The aim of bail is to allow the person who is being accused the chance to be outside the system until they have been granted a verdict of either not guilty or formally sentenced. In between, the person is allowed a certain degree of freedom. If you are facing charges in New York state, you might be offered a form of bail. It’s imperative for anyone facing such issues to understand what it means to be offered bail. Bail can be a huge gift. If you have it, you’ll want to understand the terms and conditions under which it is being offered. This includes the kind payment allowed, what circumstances may be in place to monitor you while you are out on bail and if that bail can revoked. Knowing what’s going on can help make it easy for you to make this process work in your favor.

The Many Ways to Pay Bail

When the court asks for bail, it is asking for a sum of money. People agree to pay this sum and, in turn, the court system agrees to allow them to leave as long as they return on a given date. People can pay via many different forms. Cash is always acceptable. A group of people can bring the amount of money required. The entire sum is required in order for the person to have said to post bail. If even a few dollars are missing, the court will not accept it.

Credit cards can also be used to help people get bail. You cannot be charged a fee for the credit card by the court system. Keep in mind the credit card companies can. All fees you pay under normal circumstances are required here.

Another option when finding the funds to provide bail is to provide what is known as a secured surety bond. This is a bond that is backed up by something you own such as a real estate. If you are putting up personal property it needs to be twice as much as the bail. Real property can equal the amount of the bond. You can also use what is known as a partially secured surety bond. You can pay your own money while someone else pays the rest on your behalf. Some people opt for a form of bond known as an unsecured surety bond. Someone else will accept responsibility on your behalf. This can be anyone from a close relative to a bank official. They do not have to put up money initially. However, if you do not return on the date required for the hearing, the amount of the bond can be considered forfeit. They agree to pay this sum if you are not there on the time and date specified. You can also agree to provide your own bond where your funds are taken by the court if you do not agree to come to court.

Some Forms of Monitoring

Sometimes people are free to go along their merry way. All they have to do is get the funds they need to the court and show up as required. Other times, the court system may accept bail but also impose additional conditions on the person while they are out on bail. Some defendants are eligible for a process known as as electronic monitoring. This includes those convicted of a sex related felony, people who have been convicted of a misdemeanor in the last five years and those who been accused of domestic violence. The court will consider you to be in custody under these circumstances even though you are not behind bars. If officials in the court system do not wish to extend this kind of monitoring beyond sixty days they are required to indicate this in writing and give a reason.

It is important to understand that it is possible for bail conditions to be changed. If such conditions are changed, court officials must follow certain, highly specific guidelines. Those who are facing the possibility of having their bail revoked or the conditions of their bail changed in some way are entitled to certain rights under law. A lawyer can ask the court system to schedule a bail revocation hearing. This means that the official legal procedures must be followed. The defendant has the opportunity to speak on their own behalf. They also have the right to have legal counsel to speak for them. Good legal counsel can make sure the person has the right to have the best possible bail on their side. The ideal bail allows the person to work with their counsel and get things in order. Great legal counsel can make this process flow more smoothly in every way.

Though this may shock criminal defense lawyers, prosecutors, and judges throughout the state, the bail system in New York is much weaker than it used to be. Bail is no longer a chief consideration in the majority of criminal hearings. In fact, depending on what crime you’re being charged with, there might not even be a consideration of bail for your arraignment. Rather than needing to pay money to be released from jail, the majority of prisoners in New York will be released on their own recognizance while they await trial. This type of release, commonly abbreviated ROR, means that the individual is released from jail without needing to satisfy any monetary issues.

There are circumstances in which the accusation has to do with a Qualified Offense. When a Qualified Offense is on the table, the prosecution might decide to have a custodial securing order when you have your arraignment. It is required that the court impose the least restrictive measure possible to make you return for your trial. Since many people can’t afford to pay bail, the New York bail system is supposed to post bail only in special circumstances rather than as the default.

Qualified Offenses

These are the qualifying offenses that can cause a custodial arrangement or bail sum to be posted at your arraignment:

  • The majority of violent felonies, only excluding two specific subsections of second degree robbery and burglary
  • Witness intimidation
  • Witness tampering
  • Any Class A felony that is not a controlled substance crime (though major drug trafficking is a qualifying offense)
  • Any felony sex crime or misdemeanor, along with any degree of incest
  • Second degree conspiracy if the conspiracy was to commit a Class A felony
  • Money laundering in the first or second degree in support of terrorism and any other law regarding terrorism (except for making terroristic threats)
  • Certain levels of criminal contempt that stem from violating a restraining order put in place over domestic violence
  • Facilitating a child’s sexual performance with mind-altering substances, using a child in a sexual performance, or luring a child

Though these are Qualifying Offenses, that doesn’t mean that you will automatically be trapped in jail until your trial if you’re accused of one of these. If you are arraigned on a felony indictment or complaint, the court has to release you unless there’s a proven analysis showing that you’re at risk of running to avoid being prosecuted.

If you are determined to be a flight risk, the New York judicial system is still required to employ the least restrictive possible measure to make sure that you come back to court. The judge might set monetary bail if you meet a qualifying offense. If there is no provision that prevents a non-monetary condition for release, the judge may set one. A judge might also choose to release you on your own recognizance.

Even in the rare circumstances in which a judge does set bail, the monetary value is set only after your individual and specific financial circumstances are examined. If you’re judged capable of meeting the financial need, the bail can be set; if it would pose an undue hardship, the judge will need to find a different way.

Non-Qualified Offenses

Any crime that hasn’t specifically been listed as a Qualified Offense is then considered a non-qualified offense by default. Any person who has been arrested for a non-qualified offense must be released on their own recognizance by the judge according to New York law. There is only one exception to this rule, which is when the court determines both in the auditory record and in writing that there are reasons that ROR will not assure that you will return to court.

Even if this exception is met, it’s not legal to set bail. The court must instead use an alternative, non-monetary condition to release you. Monetary bail is not legally an option for most criminal offenses and arrests. Unless you meet one of the qualified offenses, you don’t need to worry about scrounging up the money for bail. After your arraignment, you’ll be released from jail regardless of whether the offense was an indictment, felony complaint, or misdemeanor complaint.

The Importance of a Defense Attorney

Even though most people will not have to worry about arguing about bail conditions, it’s still vitally important to have legal counsel with you during your arraignment. The arraignment is when the official charges against you are read. You should get in contact with your lawyer immediately after your arrest, and don’t speak to law enforcement without them present. At the arraignment, your lawyer can take notes about the charges and their severity, and explain them to you afterward.

Bail in New York State: Form, Type and Amount

Bail is a commonly used tool in the court system. The aim of bail is to allow the person who is being accused the chance to be outside the system until they have been granted a verdict of either not guilty or formally sentenced. In between, the person is allowed a certain degree of freedom. If you are facing charges in New York state, you might be offered a form of bail. It’s imperative for anyone facing such issues to understand what it means to be offered bail. Bail can be a huge gift. If you have it, you’ll want to understand the terms and conditions under which it is being offered. This includes the kind payment allowed, what circumstances may be in place to monitor you while you are out on bail and if that bail can revoked. Knowing what’s going on can help make it easy for you to make this process work in your favor.

The Many Ways to Pay Bail

When the court asks for bail, it is asking for a sum of money. People agree to pay this sum and, in turn, the court system agrees to allow them to leave as long as they return on a given date. People can pay via many different forms. Cash is always acceptable. A group of people can bring the amount of money required. The entire sum is required in order for the person to have said to post bail. If even a few dollars are missing, the court will not accept it.

Credit cards can also be used to help people get bail. You cannot be charged a fee for the credit card by the court system. Keep in mind the credit card companies can. All fees you pay under normal circumstances are required here.

Another option when finding the funds to provide bail is to provide what is known as a secured surety bond. This is a bond that is backed up by something you own such as a real estate. If you are putting up personal property it needs to be twice as much as the bail. Real property can equal the amount of the bond. You can also use what is known as a partially secured surety bond. You can pay your own money while someone else pays the rest on your behalf. Some people opt for a form of bond known as an unsecured surety bond. Someone else will accept responsibility on your behalf. This can be anyone from a close relative to a bank official. They do not have to put up money initially. However, if you do not return on the date required for the hearing, the amount of the bond can be considered forfeit. They agree to pay this sum if you are not there on the time and date specified. You can also agree to provide your own bond where your funds are taken by the court if you do not agree to come to court.

Some Forms of Monitoring

Sometimes people are free to go along their merry way. All they have to do is get the funds they need to the court and show up as required. Other times, the court system may accept bail but also impose additional conditions on the person while they are out on bail. Some defendants are eligible for a process known as as electronic monitoring. This includes those convicted of a sex related felony, people who have been convicted of a misdemeanor in the last five years and those who been accused of domestic violence. The court will consider you to be in custody under these circumstances even though you are not behind bars. If officials in the court system do not wish to extend this kind of monitoring beyond sixty days they are required to indicate this in writing and give a reason.

It is important to understand that it is possible for bail conditions to be changed. If such conditions are changed, court officials must follow certain, highly specific guidelines. Those who are facing the possibility of having their bail revoked or the conditions of their bail changed in some way are entitled to certain rights under law. A lawyer can ask the court system to schedule a bail revocation hearing. This means that the official legal procedures must be followed. The defendant has the opportunity to speak on their own behalf. They also have the right to have legal counsel to speak for them. Good legal counsel can make sure the person has the right to have the best possible bail on their side. The ideal bail allows the person to work with their counsel and get things in order. Great legal counsel can make this process flow more smoothly in every way.

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