Bail in a New York Theft Case

Bail in a theft case in New York can be a worrying prospect. Individuals often want to get out of jail as soon as possible. They want to be out of jail and at home to plan their defense. In order to get out of jail, some individuals arrested on a theft charge may have to go to a bail bondsman. The bondsman would provide the tools and money needed to secure a release.

The bail process

The bail process on a theft case would result from the arrest. An individual is arrested either while they are committing a crime or after. They are taken to a local jail and booked. Soon after their booking, an individual has to be brought before a judge. The judge decides if there is enough evidence to charge the individual. If they are charged, a person is then either granted release on their own recognizance or cash/alternative bail. The individual is also given a trial date. They will be held in jail until that trial date if they are unable to post bail.

Setting bail

Judges look into a wide variety of factors when determining bail. The most important is the chance that an individual is a flight risk. This chance intensifies if charges are more severe. A charge like theft would often result in a bail in the hundreds to thousands of dollars depending on the size of the property stolen and whether or not violence was used. Judges also look at the potential that the individual being arrested is a menace to the public. Violence in the commission of a crime may also lead to this determination that would then lead to a high bail. Excessively high bail is prohibited by the Eighth Amendment to the United States Constitution.

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Legal Scenario: What Would You Do?

Scenario

Your brother was arrested for shoplifting electronics worth over $1,000 from a department store in Manhattan. He's being held at central booking and the family is desperate to get him released before his arraignment, but nobody knows how bail works or what amount to expect.

How is bail determined in a New York theft case, and what can we do to get my brother out of jail as quickly as possible?

Attorney's Answer

In New York, bail is set at arraignment based on several factors under Criminal Procedure Law § 510.30, including the severity of the charge, your brother's criminal history, community ties, and flight risk. Since the theft exceeds $1,000, he likely faces Grand Larceny in the Fourth Degree under Penal Law § 155.30, a class E felony, which means bail could range from a few thousand dollars to significantly more depending on his record. You can post bail directly at the court or through a licensed bail bondsman, who typically charges a non-refundable fee of about 6 to 10 percent of the total bail amount. Under New York's 2020 bail reform laws, many theft offenses are now eligible for release without bail, so there is a strong chance the judge may issue a release on recognizance or supervised release depending on the specific circumstances.

This is general information only. Contact us for advice specific to your situation.

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