When you’re charged with a crime in New York, the court may have the ability to impose bail. It’s going to depend in large part on the type of offense with which you’ve been charged. If you’re charged with a misdemeanor or low-level felony, then the court will likely have no option but to release you. If you’re charged with a more serious offense, though, especially a violent one, then there’s a good chance that the court will have the ability to impose bail or order you detained pending trial.
How do you prepare?
When deciding whether to set bail and, if so, the amount of bail to be set, the court will consider a number of factors. They include:
- Your ties to the community
- Your employment
- Your history of appearing for court when ordered to do so
- Your criminal record
- The amount of time that you’ve lived in the community
- Your financial resources
- Whether you’re married or have children who depend on you
- The likelihood that you’ll be convicted
Remember, the court is going to assess whether imposing bail is necessary to ensure that you’ll return to court for future hearings. It’ll also assess whether you pose a danger to the community. Therefore, at your bail hearing you’ll want to present evidence that you’re not a threat and that you’re not a flight risk.
Don’t go alone
If you’re detained pending trial or your bail is set so high that you can’t cover it, then you’ll be stripped of your freedom for a long time to come, particularly because the criminal justice system often moves slower than many people realize. So, before heading into your bail hearing, make sure you have strong arguments on your side that position you for a successful outcome.