The bail process allows individuals accused of criminal offenses to secure temporary release. A judge rules on their bail conditions, and the defendant can then return to their family and their career until their trial begins. Bail rules have historically left working-class individuals at a significant disadvantage when facing criminal charges.
Those who couldn’t afford the bail set by a judge often sit in jail for weeks or months, incurring costs, disrupting their lives and potentially costing them their jobs. New York state efforts at bail reform in recent years have made the process of pre-trial release much fairer and more reasonable for people of all economic circumstances.
What has bail reform achieved?
Recent New York bail reform efforts have focused on eliminating the financial impositions made on those facing minor criminal charges. Specifically, those facing misdemeanor crimes and non-violent felonies are typically eligible for release without posting a financial deposit with the courts.
Bail is typically only mandatory in cases involving violent felonies, sex offenses and accusations of similar, repeated offenses. Most defendants facing charges in New York are eligible for mandatory release on personal recognizance, which means they do not need to provide financial surety to the courts.
People generally need to be aware of bail reform efforts to identify if a judge has failed to uphold the law and imposed unfair terms in a circumstance that does not warrant harsh treatment of a defendant. Working with an attorney familiar with the ever-evolving criminal statutes in New York can help defendants secure prompt release and make use of the systems in place for their financial and legal protection.