New York Bail Frequently Asked Questions.
New York Bail Reduction: Understanding Bail and Bond Amounts In the state of New York, a judge sets the bail amount at an arraignment hearing . The purpose of bail is to ensure that a defendant...
In the state of New York, a judge sets the bail amount at an arraignment hearing.
The purpose of bail is to ensure that a defendant appears in court until their case is finished.
Bail is a security measure with a monetary value which can be either bond or cash and can be paid by a bail bond company.
A bond is secured by a type of collateral such as a home or piece of property.
The judge issues a ruling on a bail amount at the end of the arraignment hearing and is issued with both felony and misdemeanor offenses.
Crimes, where a judge may decide to set bail, include DWI, drug possession, robbery, burglary, assault, or grand larceny.
It's worth getting legal advice from an experienced attorney at Federal Lawyers to ensure that all proper legal procedures are done and your rights are protected.
A judge's considerations for setting bail
A judge looks at a defendant's criminal history and whether the individual is at risk of committing another crime, not going to court, or presents a danger to the community.
A violent crime, such as murder, poses a higher risk to the community than someone who is charged with a non-violent offense such as petty larceny.
The judge also examines the likelihood of the defendant fleeing.
Factors that can work in the defendant's favor include steady employment, friends and family in the area, and ties to the local community.
Factors Judges Consider When Setting Bail
| Factor | How It Affects Bail |
|---|---|
| Criminal History | Prior convictions may result in higher bail amounts |
| Risk of Committing Another Crime | Higher perceived risk leads to higher bail or denial |
| Flight Risk | Likelihood of defendant fleeing jurisdiction affects amount |
| Danger to Community | Violent crimes result in higher bail than non-violent offenses |
| Community Ties | Employment, family, local connections work in defendant's favor |
The role of the District Attorney and Defense counsel
The District Attorney is the one who requests bail at the arraignment hearing.
Defense counsel works to convince the judge that the defendant should be released until court, or ask for a reduction of the bail amount to something more feasible.
Paying bail
A defendant cannot pay their own bail to get released from custody.
An example of a bail amount could be $10,000/$5,000. The defendant will be released if they can pay the $5,000.
The majority of states require the defendant to pay the full bail amount to get released.
Many defendants can't afford to pay the full amount and need to use the services of a bail bondsman, who guarantees the bail amount.
The bondsman has the power to arrest the defendant if they fail to appear in court.
Understanding Bail vs. Bond
| Term | Definition | Who Pays |
|---|---|---|
| Bail | Full amount set by judge to ensure defendant appears in court | Defendant or representative (cannot pay own bail directly) |
| Bond | Percentage of bail amount (typically 10%) guaranteed by bondsman | Defendant pays bondsman; bondsman guarantees full bail |
| Cash Bail | Full bail amount paid in cash | Family member or friend on defendant's behalf |
| Collateral | Property (home, car, land) used to secure bond | Defendant or family provides to bondsman |
Consequences of failure to appear
Reading is good. Calling is better.
Answered within 24 hours, guaranteed. Some stories are better told out loud -
212 300 5196