Bail in New York
Bail is an amount of money that you must deposit to the court to get someone
(a defendant) released after their arrest. Bail is set by the criminal
court judge at the first court appearance following arrest. Bail can be
set in any monetary amount but is often in the thousands of dollars. For
example, a $10,000 cash bail can be set. If the defendant makes all of
his/her court appearances, the cash bail can be returned to whomever paid it.
A criminal court judge may also allow a bond to be used instead of cash
to make it more affordable for family members to bail someone out. The
bond is someone that can be supplied by a bail bonds service. However,
some or all of the the fee paid to a bail bonds service may end up being
kept by the bail bonds as a fee for their service.
A judge may allow for other forms of bail such as property, or personal
recognizance bonds. When multiple forms of bail are set, the collection
of different types of bail is sometimes called a bail package.
In 2019, bail reform was passed and significantly reduced a judge's
ability to set bail by prohibiting bail for certain offenses. After public
outrage, in 2020 and 2022, a judge's ability to set bail and the list
of bail eligible offenses was expanded. A judge can now weigh whether
a defendant is causing “serious harm” and whether a defendant
has a history of using or possessing a gun.
Bail can be set for many types of
- Sex offenses
- Obstruction of breathing (strangulation)
- Endangering the welfare of a child
- Contempt (disobeying an order of protection)
- Vehicular assault
- Felony Assault
- Certain other misdemeanors or felonies
If you or a loved one has been charged with a violent misdemeanor, domestic
violence case, contempt (disobeying an order of protection), please
contact us for a consultation.