Should You Post Bail if Charged with a Felony in New York?

If you've been arrested and charged with a felony in New York, you're likely feeling overwhelmed and unsure of what to do next. One of the first decisions you'll need to make is whether to post bail. At Spodek Law Group, we understand how stressful 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 case.

Understanding Bail in New York

Before deciding whether to post bail, it's important to understand how bail works in New York. Bail is essentially a way for you to be released from jail while your case is pending, in exchange for money or property that acts as a guarantee that you'll return for future court appearances.In 2019, New York passed major bail reform laws that eliminated cash bail for most misdemeanors and non-violent felonies. However, bail is still an option for many serious felony charges. The judge has discretion to set bail based on factors like:

The severity of the charges
Your criminal history
Your ties to the community
Flight risk
Public safety concerns

If bail is set in your case, you generally have three options:

Pay the full bail amount in cash
Use a bail bondsman
Remain in jail until your case is resolved

Each option has pros and cons that we'll explore further. The right choice depends on your specific situation.

Pros and Cons of Posting Bail

Pros of Posting Bail:

Regain your freedom: Being out on bail allows you to return home, continue working, and prepare your defense from outside of jail.
Maintain normalcy: You can keep up with family obligations and daily responsibilities while your case is pending.
Better prepare your defense: It's often easier to meet with your attorney and gather evidence when you're not incarcerated.
Avoid jail conditions: Jails can be dangerous and uncomfortable places to await trial.

Cons of Posting Bail:

Financial burden: Bail amounts for felonies can be substantial. Paying bail or bondsman fees may strain your finances.
Risk of forfeiture: If you violate bail conditions or miss court dates, you could lose the bail money.
Temptation to flee: Being out on bail creates the opportunity to flee, which would worsen your legal situation.
Continued monitoring: You'll likely face restrictions and supervision while out on bail.

Factors to Consider When Deciding on Bail

When weighing whether to post bail, consider the following:

Severity of charges: More serious felonies typically have higher bail amounts.
Strength of the case: If the evidence against you is weak, it may be worth posting bail to fight the charges.
Length of potential sentence: Longer potential sentences may justify the cost of bail to enjoy freedom before trial.
Financial resources: Can you afford bail without jeopardizing your family's financial stability?
Community ties: Strong local connections make you a better candidate for bail.
Employment status: Having a job to return to can help justify bail.
Family obligations: Caregiving responsibilities may necessitate release on bail.

Bail Options in New York

If you decide to pursue bail, you have several options:

Cash Bail

Paying the full bail amount in cash is the simplest option. The money is returned at the end of your case if you comply with all conditions. However, this requires having substantial liquid assets available.

Bail Bonds

A bail bondsman can post bail for you in exchange for a non-refundable fee (usually 10% of the bail amount). This requires less upfront money but costs more long-term.

Partially Secured Bond

You pay a percentage of the bail amount (usually 10%) to the court. The full amount is only owed if you violate conditions.

Unsecured Bond

You don't pay anything upfront, but agree to owe the full bail amount if you violate conditions.Here's a comparison of common bail options:

Bail Type	Upfront Cost	Refundable?	Pros	Cons
Cash Bail	Full amount	Yes	Simple, money returned	Requires large sum available
Bail Bond	10% fee	No	Lower upfront cost	More expensive long-term
Partially Secured	10% to court	Partial	Lower upfront cost	Risk owing full amount
Unsecured	$0	N/A	No upfront cost	Risk owing full amount

How We Can Help with Your Bail Decision

At Spodek Law Group, our experienced New York criminal defense attorneys can help you navigate the bail process. We'll advocate for reasonable bail terms and help you weigh your options. Our services include:

Arguing for reduced bail or release without bail at arraignment
Explaining bail options and helping you choose the best one
Connecting you with reputable bail bondsmen if needed
Filing motions to modify bail conditions
Ensuring you understand and comply with all bail terms

Don't face this difficult decision alone. Contact us today at 212-300-5196 for a free consultation about your bail options. We're available 24/7 to discuss your case.

Conclusion

Deciding whether to post bail after a felony arrest is a complex choice with significant consequences. While regaining your freedom has clear benefits, the financial and legal risks must be carefully weighed. By understanding your options and working with an experienced attorney, you can make the best decision for your unique situation.Remember, posting bail is just the first step in your defense. With our help, we'll fight to protect your rights and achieve the best possible outcome in your case. Call Spodek Law Group now to get started on your defense strategy.