A common question we get is how bail works in the state of New York. Sometimes they will even include bail reform into the conversation, and for us as defense attorneys, it's a very important part of the job when defending you. Bail is when you are given a financial or conditional guarantee to be released from jail while awaiting trial. Bail reform is all about making sure that this process is easier for people who may not be able to afford bail. 

When we defend you in court, it's also our job to make sure you're put in the best conditions possible. We want to make sure you're educated on all things criminal defense so that when the time comes for you to need legal representation from us, you're ready!

In this blog, we will break down how bail works in New York State and how bail reform laws play into that.

Understanding Bail in New York State

One of the first issues addressed after an arrest is whether you will remain in custody while your case is pending or be released before trial. Bail is all about whether or not a defendant can return to court; it's not intended to punish someone before conviction. 

When you are at the arraignment, the judge is going to review the charges and decide if you should be released or required to post bail. So, how is bail set? If the judge authorizes bail, the court will determine the amount to be paid. Here in New York State, there are several forms of bail you can pay: cash bail, insurance company bail bonds, secured bonds, unsecured bonds, and certain appearance bond options.

When bail is set, New York courts must designate multiple permissible forms in which bail may be posted, although the specific options available depend on the court's order and the circumstances of the case. After the defendant is released, they will be required to appear at all court dates. 

If the defendant complies with court appearances, any bail posted may be returned or discharged at the conclusion of the case, subject to applicable statutory fees, surcharges, and court procedures. If you do not appear in court for these dates, you will have to forfeit your bail, and you'll be issued a warrant.

New Changes to Bail Reform in New York State

New York's major bail reform legislation took effect in January 2020 and has been amended several times since then. For these reforms, it was to make sure that there was a reduction in the number of people held in jail because they could not afford to pay. Before these reforms were enacted, a person with a relatively low-level offense would remain incarcerated for weeks, sometimes even months, while waiting for their trial to start. 

Under New York's bail reform laws, judges generally may not set bail for most misdemeanors and many nonviolent felony offenses unless the case falls within a bail-eligible category established by statute. In many non-bail-eligible cases, defendants must be released pending trial, either on their own recognizance or subject to appropriate non-monetary conditions. One goal of bail reform is to reduce the likelihood that people charged with non-bail-eligible offenses remain incarcerated solely because they cannot afford monetary bail. Learn more here about these changes!

Now this gets us to the next important part of this conversation: Which of those charges would you be eligible to pay bail for? 

New York still allows judges to set bail for a category of offenses known as qualifying offenses. These include violent felony charges and certain other serious crimes. Lawmakers have amended the reforms to expand the list of qualifying offenses and give judges greater discretion in specific circumstances involving repeat offenders, firearm-related conduct, and other public safety concerns. 

Here is a list of all bail-eligible offenses under New York's new bail laws: https://indefenseof.us/assets/images/BAIL-ELIGIBLE-OFFENSES.pdf

Because New York's bail laws have undergone several significant amendments in recent years, defendants should consult counsel regarding the rules that apply to their particular case. Learning and being educated on this part of criminal defense is vital. An experienced criminal defense attorney can advocate for your release. We will also challenge any inappropriate bail requests and explain how the state's bail eligibility rules apply to your charges. DuBois Law will always go the extra mile for you!

We know that every case is going to be different, and the outcome of a bail determination can have a significant impact on your ability to work and care for your family. Understanding how New York's bail system operates is an important first step in protecting those rights. If you're looking for legal representation or want to learn more about how bail works in New York State, reach out to us through our contact form, or give us a call.

New York Criminal Defense FAQ

Can I be held in jail before trial if I cannot afford bail in New York?

Under New York's bail reform laws, judges may not set bail for most misdemeanors and many nonviolent felony offenses unless the charged offense falls within a statutory bail-eligible category. Instead, eligible defendants are subject to non-monetary conditions while awaiting trial. 

Bail may still be imposed for certain qualifying offenses, including many violent felonies and other serious charges. Because bail eligibility depends on the specific facts and charges in a case, it is important to speak with an experienced criminal defense attorney like DuBois Law as soon as possible after an arrest to understand your rights and options for what's next. 

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.