Should You Post Bail if Arrested in New York?
Getting arrested in New York can be a frightening and confusing experience. One of the first decisions you may face is whether to post bail to secure your release from custody. At Spodek Law Group, we understand how overwhelming this situation can be. Our experienced criminal defense attorneys are here to guide you through the bail process and help you make the best decision for your circumstances.
Understanding Bail in New York
Bail is essentially a financial guarantee that you'll return for future court appearances if released from custody. When you're arrested in New York, a judge will set bail at your arraignment hearing, which typically occurs within 24 hours of arrest. The judge considers several factors when determining bail, including:- The severity of the alleged crime
- Your criminal history and record of court appearances
- Your ties to the community
- Your financial resources
- Flight risk
Pros and Cons of Posting Bail
Deciding whether to post bail isn't always straightforward. There are several pros and cons to consider:Pros of Posting Bail:- Regain your freedom and return home
- Continue working and supporting your family
- Better ability to assist in your defense
- Avoid the hardships of jail time
- Financial burden of bail amount
- Risk of losing bail money if you violate conditions
- Potential exploitation by predatory bail bond companies
- May incentivize pleading guilty to avoid further costs
New York's Bail Reform Laws
In 2019, New York passed significant bail reform legislation that went into effect in 2020. These laws eliminated cash bail for most misdemeanors and non-violent felonies. Instead, judges are required to release defendants on their own recognizance or with non-monetary conditions like supervised release.However, cash bail is still used for violent felonies and some other serious charges. The reforms aimed to create a more equitable system and reduce the number of people held in jail simply because they can't afford bail.It's crucial to have an experienced attorney who understands these complex new laws and how they apply to your case. At Spodek Law Group, we stay up-to-date on all changes to New York's bail laws to provide our clients with the most current and effective legal counsel.Options for Posting Bail in New York
If you decide to post bail, there are several options available:- Cash Bail: Pay the full bail amount in cash. This money is returned at the conclusion of your case if you make all required court appearances.
- Bail Bond: Work with a bail bondsman who posts bail for a non-refundable fee (typically 10% of the bail amount).
- Property Bond: Use real estate as collateral to secure your release.
- Credit Card Bail: Some courts accept credit card payments for bail.
- Partially Secured Bond: Pay a percentage of the bail amount (usually 10%) to the court.
Factors to Consider When Deciding to Post Bail
When weighing whether to post bail, consider the following:- Severity of Charges: More serious charges often mean higher bail amounts and stricter release conditions.
- Financial Situation: Can you afford bail without jeopardizing your family's financial stability?
- Employment: Will staying in jail cause you to lose your job?
- Family Obligations: Do you have dependents who rely on you?
- Case Strength: How strong is the evidence against you? This can affect your decision to fight the charges or seek a plea deal.
- Time Until Trial: How long might you be held if you don't post bail?
- Release Conditions: What conditions will the court impose if you're released on bail?
The Importance of Legal Representation
Whether you decide to post bail or not, having skilled legal representation is crucial. At Spodek Law Group, we bring years of experience defending clients in New York's criminal justice system. Our attorneys can:- Argue for lower bail or release without bail at your arraignment
- Challenge excessive bail amounts
- Negotiate favorable release conditions
- Develop a strong defense strategy for your case
- Protect your rights throughout the legal process
Consequences of Failing to Appear in Court
It's crucial to understand the serious consequences of failing to appear in court after posting bail. If you miss a court date:- The judge will likely issue a bench warrant for your arrest
- You may forfeit your bail money
- Additional criminal charges for bail jumping could be filed
- Your original charges may be enhanced
- Future bail amounts will likely be much higher or denied altogether
How Spodek Law Group Can Help
At Spodek Law Group, we understand the stress and uncertainty you're facing after an arrest. Our experienced criminal defense team is committed to providing aggressive, strategic representation to protect your rights and freedom. We offer:- 24/7 availability for emergencies
- Personalized attention to your case
- Thorough investigation of the charges against you
- Skilled negotiation with prosecutors
- Aggressive courtroom advocacy
