New York Bail Reduction
A New York Bail Reduction Lawyer explains bail and the ability to obtain a bail reduction
In the state of New York, the court normally orders Bail at the Arraignment hearing. The purpose of Bail is to ensure that the defendant will return to court for their subsequent bail appearances. Bail is a type of security that has a dollar value, whether it be cash, or a bond posted by a bail bond company. When a bond is posted, it is secured by some type of collateral, usually a home or other large asset. The judge usually determines the bail amount at the end of the Arraignment hearing, and is usually ordered pursuant to a serious misdemeanor or felony charge. Crimes where bail would be set could include Assault, a DWAI, DWI, robbery, burglary, White Collar Crime, Drug Possession, murder, or a Gun Crime. In making his decision, a judge will be looking at the likelihood of whether the defendant will commit another crime, weigh any possible danger to the community, whether there is a prior criminal record, and whether there is a flight risk.
Normally at the Arraignment, the District Attorney will request that bail be set. It will be the job of your New York Criminal Lawyer to persuade the judge to not order bail or ask for a bail reduction. If bail is set, it will be up to the defendant’s friends and family to post bail. Bail is set with the actual bail amount, and the dollar amount that would need to be posted to be released, such as $5000/$2500. This means that the defendant can be released if they pay $2500.
If Bail (or a bond) is posted and the defendant does not appear in court, the court will forfeit the bail money and it will be awarded to the State of New York. If the defendant completes all of his appearances in court, the bail is returned, minus a 3% surcharge. Often the judge will purposely set the bail very high, so that the defendant will not be able to afford it. You can however, ask for a Bail Reduction hearing to try to lessen the amount.
If your New York Bail Reduction Lawyer requests a Bail Reduction, the court will look to determine if there has been a change in circumstances. If there has been a change since the Arraignment in the facts surrounding your case, a Bail Reduction may be warranted. At the hearing, your lawyer would present the new information. If the judge agrees that there has been a significant change in circumstances, the court can lower or eliminate bail altogether.
Speak with a skilled New York Bail Reduction Lawyer from Elliot Adler P.C. If you have been charged with a criminal offense and are unable to make bail, contact us right away at 212.785.1300. We will provide you a free case evaluation with your first visit and valuable legal guidance. We have represent people throughout New York City, including in the Bronx, Brooklyn, Manhattan, Queens and Staten Island. We also have serve Westchester County, and Nassau County and Suffolk County on Long Island.