Should You Post Bail if Arrested for a Felony in New York?

If you've been arrested for a felony in New York, you're likely feeling overwhelmed and unsure of what to do next. One of the biggest questions on your mind is probably whether or not you should post bail. At Spodek Law Group, we understand how stressful this situation can be. We're here to help guide you through the bail process and advise you on the best course of action for your specific case.

Understanding Bail for Felony Charges in New York

When you're arrested for a felony in New York, the judge has several options when it comes to bail:

1. Release you on your own recognizance (ROR)
2. Set cash bail
3. Set a secured bond
4. Remand you to jail without bail

For most non-violent felonies, judges are required to use the "least restrictive" means necessary to ensure you return to court. This often means ROR or non-monetary conditions like supervised release.However, for more serious violent felonies, judges have more discretion to set high cash bail amounts or remand defendants without bail. Some examples of bail-eligible felonies in New York include:

• Murder
• Manslaughter
• Rape
• Robbery
• Burglary
• Assault

If the judge does set bail in your case, you'll need to decide whether posting bail is the right move. There are several important factors to consider.

Pros and Cons of Posting Bail

Pros of Posting Bail:

• Regain your freedom: Posting bail allows you to be released from jail while your case is pending. This means you can return home, continue working, and prepare your defense.
• Maintain your job and income: Staying in jail could cause you to lose your job. Posting bail lets you keep working and earning money.
• Better prepare your defense: It's much easier to meet with your lawyer and gather evidence when you're out on bail versus sitting in jail.
• Avoid the negative impacts of jail: Jails can be dangerous, unsanitary places. Posting bail helps you avoid these conditions.

Cons of Posting Bail:

• Financial burden: Bail amounts for felonies can be very high, often tens of thousands of dollars. This may be difficult for many people to afford.
• Risk of losing money: If you miss court appearances, you could forfeit the entire bail amount.
• Restrictions on travel: When out on bail, you'll likely have restrictions on leaving the state or country.
• Potential for re-arrest: If you're arrested for another crime while out on bail, you'll likely be remanded without bail.

Factors to Consider When Deciding Whether to Post Bail

When weighing whether to post bail, consider the following:

1. Severity of charges: More serious felonies typically have higher bail amounts.
2. Strength of evidence: If the case against you seems weak, it may be worth posting bail to fight the charges.
3. Prior criminal record: A clean record may help you get a lower bail amount.
4. Community ties: Strong ties to the community can work in your favor for bail.
5. Financial resources: Can you realistically afford the bail amount?
6. Length of potential sentence: Longer potential sentences may make bail more important.
7. Impact on your job/family: Consider how jail time would affect your employment and family obligations.

How Spodek Law Group Can Help

At Spodek Law Group, we have extensive experience handling felony cases and bail hearings in New York. Our skilled attorneys can assist you by:

• Arguing for your release on recognizance or lower bail amount
• Helping you understand your bail options
• Advising you on whether posting bail is the right choice
• Assisting with the bail posting process if needed
• Representing you throughout your felony case

We know how overwhelming this situation can be. That's why we're committed to providing compassionate, personalized legal representation to each of our clients. When you work with us, you're not just a case number - you're a person facing a difficult situation who deserves dedicated support.Don't face felony charges alone. Contact Spodek Law Group today at 212-300-5196 to schedule a free consultation about your case. We're here to fight for your rights and help you achieve the best possible outcome.

The Bail Process in New York

If you do decide to post bail, it's important to understand how the process works in New York. Here's a step-by-step breakdown:

1. Bail is set: The judge sets a bail amount at your arraignment or bail hearing.
2. Choose bail type: You can post cash bail or a bail bond.
3. For cash bail: Pay the full amount to the court. You'll get this back (minus fees) if you make all court appearances.
4. For bail bonds: Work with a bail bondsman who charges a non-refundable fee (usually 10% of bail amount) to post bond.
5. Release processing: Once bail is posted, you'll be processed for release. This can take several hours.
6. Comply with conditions: Follow all conditions of your release, including making all court appearances.

It's crucial to understand that posting bail doesn't mean your case is over. It simply allows you to be free while your case proceeds through the court system.

Common Mistakes to Avoid When Dealing with Bail

When facing felony charges and bail decisions, there are several pitfalls you should be aware of:

1. Trying to handle it alone: The bail process can be complex. It's always best to have an experienced attorney on your side.
2. Violating bail conditions: Even minor violations can result in your bail being revoked.
3. Using a questionable bail bondsman: Always work with a reputable, licensed bail bond agent.
4. Failing to disclose prior convictions: Be honest about your record, as lies can hurt your case.
5. Missing court dates: This is the quickest way to forfeit your bail and end up back in jail.

At Spodek Law Group, we guide our clients through every step of the bail process to help them avoid these common mistakes.

Why Choose Spodek Law Group?

When you're facing felony charges in New York, you need a law firm with the experience, skill, and dedication to fight for your rights. Here's why Spodek Law Group should be your choice:

• Extensive experience: We've handled countless felony cases and bail hearings in New York courts.
• Aggressive advocacy: We fight tirelessly for our clients' rights and freedom.
• Personalized attention: We treat each client as an individual, not just another case file.
• 24/7 availability: Legal issues don't just happen during business hours. We're here when you need us.
• Proven track record: We have a history of achieving favorable outcomes for our clients.

Don't let felony charges derail your life. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our expertise to work for you.Remember, the decision to post bail is a crucial one that can significantly impact the outcome of your case. With Spodek Law Group by your side, you can make an informed decision and navigate the complex legal system with confidence.