The Importance of Bail Hearings in Long Island Criminal Cases

The Importance of Bail Hearings in Long Island Criminal Cases

When someone is arrested on Long Island for a crime, one of the first things that happens is a bail hearing. This hearing, which usually takes place shortly after booking and fingerprinting at the police station, is incredibly important because it determines whether the accused will be released from jail while their case proceeds or whether they will be detained until the conclusion of their case. For most people who have never been involved in the criminal justice system, the concept of “bail” and how it works can be confusing. This article will provide an overview of bail hearings on Long Island and why they are so critical.

What Happens at a Bail Hearing?

At a bail hearing on Long Island, the judge will decide whether or not to set bail for the accused and if so, how much. The prosecutor will recommend an amount based on factors like the severity of the charges, the defendant’s criminal history, their ties to the community, etc. The defense attorney will argue for low or no bail. The judge has discretion, but must consider things like flight risk and danger to the community when setting bail.

If the judge does decide to set bail, the defendant or their family/friends will have to post that amount in order to secure their release from jail while the case proceeds. The bail money serves as collateral to ensure the defendant returns to court. If they miss court dates, they forfeit the money. Bail can be posted in various forms – cash, bond, property – depending on state laws and the judge’s decision.

Why Bail Matters So Much

The outcome of a Long Island bail hearing sets the tone for the entire criminal case and can impact the end result. Spending time in jail awaiting trial puts defendants at a huge disadvantage. Jailed defendants have a harder time meeting with their attorneys and building their defense. Jail disrupts their lives and the lives of their loved ones. The experience can cause psychological trauma or loss of income. Research shows that defendants detained pretrial are more likely to plead guilty, be convicted and receive longer sentences compared to similar defendants who were released pretrial.

In addition to the disadvantages for the accused, pretrial detention costs taxpayers money for food, housing and guard salaries. The accused are presumed innocent until proven guilty, so detaining legally innocent people is concerning from a civil rights perspective. Excessive bail that basically serves as detention for poor defendants also raises ethical issues.

How Defense Attorneys Approach Bail Hearings

Given the massive implications of bail decisions, defense attorneys have to handle Long Island bail hearings strategically. Preparation is key. Smart defense lawyers will compile information related to the bail factors judges consider long before the hearing. This includes gathering letters of support from employers, family members and community leaders. Documenting clean criminal records, history of showing up for court, and ties to the area is also important.

In the hearing itself, defense attorneys argue zealously for the lowest bail possible or even release under supervision. A strong lawyer will challenge the prosecution’s portrayal of their client as a flight risk or danger. They may propose creative release conditions – like GPS monitoring, drug testing or counseling check-ins – as an alternative to money bail. Defense lawyers might highlight vulnerabilities their client would face in jail or remind the judge of their obligation to impose the least restrictive bail option. It’s intense advocacy, because the consequences are so high.

What About Bail Reform?

In 2019, New York state passed sweeping bail reform legislation that eliminated cash bail for many misdemeanor and nonviolent felony charges. The goal was to prevent people from languishing in jail solely due to poverty. However, the bail reform law faced immediate backlash and was amended just months later. Judges now have more discretion to set bail in many cases that were originally exempt under the 2019 law.

Bail reform on Long Island has been extremely controversial. Supporters say the original law made the system fairer and should be reinstated. Opponents argue that releasing more defendants pretrial has jeopardized public safety, pointing to a few high-profile cases where defendants committed new crimes after being released without bail under the reformed law. There are reasonable arguments on both sides. For now, the amended version of the law remains in place, but the debate rages on.

The Bottom Line

Bail hearings remain incredibly important in Long Island criminal cases despite recent legal changes. For anyone charged with a crime serious enough to warrant detention or money bail under the current statute, the judge’s bail decision carries life-changing implications. Experienced criminal defense attorneys recognize this and fight hard to secure pretrial release for their clients – or at least minimized bail requirements. Freedom pending trial can bolster the defense, while pretrial incarceration can break it. With so much at stake, bail hearings set the trajectory for entire cases every day on Long Island and beyond.