How is Bail Set in New York and What Factors Are Considered by the Judge?

If you are arrested for a crime in New York, the judge will decide whether to release you pending your trial, and if so, under what conditions. One of the most common conditions is the requirement to post bail - money deposited with the court to ensure you return for your court dates. But how does the judge determine the appropriate amount of bail in New York criminal cases?

Purpose of Bail in New York

The main purpose of bail in New York is to ensure the defendant returns to court when required . Bail can also be used to protect the public, but only in extreme cases where the defendant is accused of a very serious crime and clearly poses a danger. New York law states bail should be set at the least restrictive amount needed to guarantee the defendant's return. Excessively high bail that results in pretrial detention should be avoided.

Types of Bail in New York

New York judges have several options when setting bail :

• Cash bail - Defendant must pay the full bail amount upfront and gets it back upon returning to court
• Insurance company bail bond - Bail bondsman posts bond and charges a fee
• Secured surety bond - Defendant pledges property as collateral but doesn't have to pay unless they miss court
• Unsecured surety bond - Defendant simply signs a bond promising to pay the bail amount if they don't appear

Cash bail used to be most common, but recent reforms encourage judges to use less restrictive options first.

Factors Judges Consider in Setting Bail

New York law instructs judges to weigh several factors when setting appropriate bail :

• Defendant's character, reputation, employment, finances, and mental condition
• Defendant's criminal record, if any
• Defendant's record of appearing in court when required
• Seriousness of the charges and potential sentence
• Weight of evidence against the defendant
• Potential danger defendant poses to the community

Judges are supposed to consider the least restrictive bail conditions and should not impose unpayable bail solely due to poverty.

Bail for Violent Felony Charges

For defendants charged with violent felonies, New York recently eliminated cash bail altogether . Judges can impose non-monetary conditions like:

• Travel restrictions
• Curfews
• GPS monitoring
• Mandatory counseling

But they cannot require any upfront bail payment for release.

Bail Reform in New York

Recent reforms changed bail laws in New York in several key ways :

• Eliminated cash bail for most misdemeanors and nonviolent felonies
• Required judges to consider defendants' ability to pay
• Expanded options beyond cash bail
• Banned bail for technical parole violations

Despite controversy, these measures aim to make bail more equitable and prevent pretrial detention solely due to poverty.

Paying Bail in New York

Those who are able to pay bail have options like :

• Paying cash bail at the courthouse or jail
• Using a bail bondsman and paying a fee
• Putting up property or collateral as surety

If you make all court appearances, the bail is returned to you or your bail bondsman after the case concludes.

Appealing Bail Decisions

New York law provides the right to appeal bail decisions to a higher court. Grounds for appeals include :

• Bail is excessive or more than necessary to ensure return to court
• Judge failed to consider defendant's finances in setting cash bail
• Judge relied solely on seriousness of charges, not risk of flight

Experienced criminal defense lawyers can advise on whether to appeal bail as unfair or improper.

References

1. Understanding Bail in New York | NY Criminal Defense Lawyers
2. How Does Bail Work, and Why Do People Want to Get Rid of It? - The New York Times
3. The controversy over New York's bail reform law, explained - Vox
4. NYC Bail Trends Since 2019 : Office of the New York City Comptroller Brad Lander
5. Bail | NY CourtHelp - Unified Court System
6. NY State Senate Bill S530.30