If you have found yourself entangled in the criminal justice system in New York, understanding the concept of bail is crucial. Bail serves as a mechanism, enabling those accused of crimes to be temporarily released from custody while ensuring their appearance at future court proceedings. Navigating the intricacies of bail can be daunting without guidance. Please continue reading to learn the purpose of bail, when a defendant can get it, and why working with our determined Nassau County Criminal Defense Attorneys is in your best interest if you are facing criminal charges.
How Does Bail Work in New York?
After being arrested and charged with a crime, you can be granted bail at your arrangement. It’s important to understand that “bail” is a sum of money that a defendant must pay to be released from jail before their trial. Essentially, it serves as a guarantee that they will appear in court for their scheduled hearings.
The process of setting bail varies from case to case and is often at the discretion of the judge. When determining bail, the judge will take numerous factors into account, such as the nature of the crime, the defendant’s criminal history, the likelihood of felling, and the safety of the community. Depending on the unique circumstances of a case, the judge may decide to deny bail altogether, especially in cases where the defendant is deemed a flight risk or poses a danger to others.
When setting bail, New York judges can choose from several options. Cash bail is the most common, which involves the defendant or their family posing the full bail amount to secure release. Another option is a partially secured bond. This option requires the defendant to post a percentage of the bail amount, with the remainder guaranteed by a bond company. The judge may even set a personal recognizance bond, which allows a defendant to be released based on their promise to return to court on scheduled dates without any financial requirements. However, this option is typically reserved for low-risk defendants.
What Happens if a Defendant Fails to Appear in Court?
If you fail to appear in court after being released on bail, it can have serious consequences. The judge will typically issue a bench warrant for your arrest. Essentially, this means law enforcement will actively search for you and bring you back into custody. The court will also forfeit any bail that has been paid, meaning you will lose the money that was pledged to secure your release. The court can impose additional charges and sanctions. Furthermore, failure to appear can negatively impact future legal proceedings, making it harder to secure bail in the future.
If you have a legitimate reason for not being able to appear in court, it’s in your best interest to inform a criminal defense attorney as soon as possible as they can help you resolve the issue with the court. At KCS Law, we are prepared to help defend your rights and interests. Connect with our firm today to learn how we can fight for you.
