Bail is an important aspect of the criminal justice system in New York. It is a form of security that is intended to ensure that an accused person appears in court for their trial. Bail is a payment made to the court or a bail bondsman that guarantees the accused will attend all scheduled court appearances. In this blog post, we will discuss the role of bail in criminal defense cases in New York.
First, it is important to understand that not everyone is eligible for bail. The New York State Constitution provides that bail may be denied in cases where the defendant is charged with a capital offense or where the court finds that the defendant poses a danger to the community or a risk of flight. In addition, certain crimes, such as domestic violence offenses, have a presumption of no bail.
When bail is set, it can be paid in cash or through a bail bondsman. A bail bondsman is a licensed individual or company that posts bail on behalf of the accused for a fee. This fee is typically 10% of the bail amount and is non-refundable. Bail bondsmen are also responsible for ensuring that the accused appears in court, and they may hire a bounty hunter to track down the accused if they fail to appear.
For defendants who cannot afford bail, there is the option of seeking a reduction or elimination of bail. This is done through a bail hearing, where the defense can argue that the bail amount is excessive or that the accused does not pose a flight risk or a danger to the community. If the judge agrees, they may reduce the bail amount or release the accused on their own recognizance, which means they do not have to pay bail but must promise to appear in court.
The role of bail in criminal defense cases is crucial, as it allows defendants to secure their release from jail while awaiting trial. This can have a significant impact on their ability to prepare their defense, as they have greater access to their attorneys and can continue working or caring for their families. However, it is important to note that bail is not a guarantee of freedom. Defendants must still comply with court orders and attend all scheduled court appearances, or risk forfeiting their bail and being returned to jail.
It is also important to note that recent changes to New York’s criminal justice system have had an impact on the use of bail. In 2019, the state passed sweeping bail reform legislation that eliminated cash bail for most misdemeanor and nonviolent felony charges. The goal of the legislation was to reduce the number of low-income defendants who were being held in jail simply because they could not afford bail.
While bail reform has been lauded for addressing issues of fairness and inequality in the criminal justice system, it has also faced criticism from some who argue that it has led to an increase in crime. Others have raised concerns about the potential for bias in the risk assessment tools that are used to determine whether an accused person should be released or held on bail.
Regardless of one’s views on bail reform, it is clear that bail will continue to play an important role in criminal defense cases in New York. As such, it is important for those who are facing criminal charges to work with an experienced criminal defense attorney who can help them understand their rights and options when it comes to bail.
If you or a loved one is facing criminal charges in New York and have questions about bail or any other aspect of the criminal justice system, it is important to seek the guidance of an experienced criminal defense attorney as soon as possible. A skilled attorney can help you navigate the legal process and work to protect your rights and interests throughout the course of your case.
As a law firm, at Arthur L. Pressman, Attorney at Law, we understand the importance of bail in criminal defense cases in New York. We have extensive experience representing clients in bail hearings and helping them navigate the complex legal process surrounding bail.
At our firm, we take a client-centered approach to representation, working closely with our clients to understand their unique situations and goals. We provide clear and straightforward advice about bail and other aspects of criminal defense, and we work tirelessly to ensure that our client’s rights are protected throughout the course of their case.
Whether you need help with paying bail, advocating for a reduction in bail, or navigating the bail reform landscape in New York, we are here to help. We have the knowledge, experience, and dedication to provide you with the guidance and representation you need to achieve the best possible outcome in your case.
If you are facing criminal charges in New York and have questions or concerns about bail, we invite you to contact us today to schedule a consultation. We are here to help you navigate this difficult time and to fight for your rights and interests at every step of the way.