A New York Bail Reduction Lawyer Discusses Bail and The Criminal Defendant's Ability To Have a Bail Reduction

In New York, the Court usually imposes Bail at an Arraignment. The Court involved is attempting to insure a Defendant's return to Court for a subsequent Court appearance. The Bail itself is some type of security that has a monetary value; it could be cash or a Bond that is posted by a Bail Bondsman. If a bond is posted, there has to be collateral to secure the bond. Very often it is a house. Bail is normally determined at the conclusion of an Arraignment and involves a serious Criminal Misdemeanor or Felony Charge. The crimes for which bail can be set can include but are not limited to: DWI, Assault, Sex Crimes, Robbery, Burglary, Drugs Possession, Weapons Possession and Murder. The Judge considers many factors including but not limited to: likelihood the Defendant will commit another crime if released, the danger for the community, prior record and certainty whether or not the defendant will return for the next court date.

At the Arraignment the District Attorney will usually request Bail and it is the job of your New York Bail Attorney to ask the Judge for no Bail or Bail Reduction from the District Attorney.

If Bail is set it is up to the defendant's friends and family member to post Bail.

In order to have the defendant released, often times the Judge will set a Bond amount and/or a Bail amount; for example 5000/2500. This means that the defendant can post (pay) $2500 in cash and be released or hire a Bail Bondsmen to post a Bond (which is a financial guarantee to the court).

If you post Bail or a Bond in a case and the defendant fails to appear in Court, the Court can forfeit the Bail and award it to New York State without recovery for the defendant. In the event the defendant appears for all his Court dates to the cases conclusion, the Bail is returned less 3% New York State surcharge to the person who posted it. Many times a high Bail is set and the defendant is unable to afford the Bail or pay a Bail Bondsman. It is possible to have a Bail Reduction Hearing and your Criminal Lawyer can request it.

The legal standard the Court uses in determining a Bail Reduction is whether or not there has been a significant change in circumstances. This means that after the arraignment some new information or a "change" in circumstance has been presented. In other words, the facts have changed or new facts have been discovered that would change the surrounding circumstances of the case. If that occurs, your Bail Reduction Lawyer makes an application to the Court to have a Bail hearing. At the hearing, the Criminal Lawyer presents the new information to the Court and usually the District Attorney argues against the motion. The Court evaluates the arguments by both sides and, if the Judge agrees with the New York Bail Reduction Attorney and rules that there is a "significant change in circumstances," the Court will lower, reduce or eliminate the Bail.

Stephen Bilkis & Associates are skilled and experienced New York Bail Lawyers. If you have been charged with a crime and you are having difficulty making your Bail, call us or have a friend or family member call us in New York at 1-800-NY-NY-LAW. We offer a free consultations and have locations convenitnly located throughout NYC and Long Island.