If you have been arrested in New York, one of the first things you will face is the question of bail. Understanding how bail works in the state and the impact of recent reforms on your case is crucial to protecting your freedom.

Bail is a financial arrangement under which a defendant can be released from custody while waiting for their court date. It is designed to make sure they will attend all scheduled court proceedings. Failure to show up in court means forfeiting the bail amount and facing arrest.

In New York, bail’s only purpose is to ensure that the defendant will return to court. Judges are specifically barred by law from considering public safety when determining whether to set bail. Still, many continue to do so. Read on to find out everything you need to know about bail in New York.

How is Bail Set?

In 2020, New York took a big step in bail reform by enforcing laws that eliminate cash bail for most nonviolent misdemeanors and nonviolent felonies, with some exceptions. The aim was to ensure bail was not used to detain defendants who presented no flight risk.

Bail is set during arraignment. Upon reviewing the charges against the defendant, the judge determines whether they will be released on their own recognizance (ROR), placed under supervised release or required to post bail.

Judges can only set bail in cases involving qualifying offenses. These include violent felonies, sex offenses, certain domestic violence charges, witness intimidation and some charges concerning harm to children. Defendants facing non-qualifying offenses must be released without having to post bail.

ROR without bail is an option for defendants who are low-risk and likely to attend their court dates. The judge, however, may decide to set non-monetary conditions like supervision, regular check-ins or travel restrictions.

Factors such as the defendant’s criminal history, flight risk and the nature of the offense influence the judge’s decision to set bail. A higher bail amount may be set if there is a strong likelihood the defendant may not return to court. Repeat offenders often face steeper bail amounts as they are seen as a flight risk. In some cases, bail may be denied altogether, forcing the person to remain in custody until trial. 

With so much on the line, having a skilled New York criminal defense attorney by your side can make a big difference. They can request a hearing to push for a lower bail amount or suggest alternative release options.

Types of Bail in New York

Cash and commercial bonds are New York’s two most common bail options. But what happens if you can’t afford cash bail? Judges are legally required to offer at least three forms of bail, including either a partially secured or unsecured bond. These are considered more accessible alternatives to cash bail. While the law technically allows nine forms of bail, the five below are the most commonly used by courts:

• Cash Bail: The full amount must be paid upfront to the court or jail. The money is returned, minus any fees, if the defendant appears for all court dates.
• Insurance Company Bond (Commercial Bail Bond): Also known as a surety bond. The defendant or a third party pays a nonrefundable fee, typically 10 percent of the bail, to a bail bond agent. The agent guarantees the court full payment if the defendant fails to appear. This option is often used when cash bail is set too high.
• Partially Secured Bond: The defendant pays a small percentage of the bail total, usually around 10 percent, directly to the court. The rest becomes due if the defendant misses a court appearance. Collateral is not required.
• Unsecured Bond: In an unsecured surety bond, a third party is responsible for paying if the defendant does not appear in court. An unsecured appearance bond involves the defendant agreeing to pay the entire bail if they fail to show up. No upfront money or collateral is required in both cases.
• Secured Bond: The defendant or a third party must post collateral, such as a property, vehicle or other assets. Upon failure to appear at a hearing, the court can seize the collateral to cover bail.

A judge may impose conditions like mandatory check-ins or travel restrictions on partially secured and unsecured bonds. Defendants who violate these conditions may have their bail forfeited and be taken back into custody, along with facing further legal consequences.

Contact The Brill Legal Group

It is easy to feel daunted by the complexities of the New York bail process. A skilled criminal defense attorney can provide valuable guidance during arraignment and subsequent legal proceedings. They can negotiate bail conditions to secure the best outcome for you. If you have been accused of committing a criminal offense, contact the Brill Legal Group as soon as possible.