If you are arrested and taken into custody, the issue of setting bail will be addressed at your Arraignment. This is of course unless you are released on your “own recognizance,” in which case no bail will be posted and you will be released. A bail reduction would be called for if for some reason, there has been a change in circumstances.The purpose of bail is that the court wants to ensure that you will return to court after your Arraignment for further court proceedings. Failure to return will not only result in a forfeiture of your bail, but also a Bench Warrant for your Arrest. The crime for which bail will be posted varies greatly, a Misdemeanor, DWI, Sex Crime or Drug Possession charges could all result in the judge posted bail. Perhaps you are dealing with a White Collar Crime, such as Mail Fraud, Securities Fraud or Bank Fraud. If you have received a Desk Appearance Ticket, your process will be slightly different since you were not taken into custody at the time of your Arrest, however it is still vitally important that you attend your Arraignment hearing.
It is important to be aware that the Criminal Court judge has a substantial degree of discretion in whether he/sets bail and how much. This is why it is so very important to be accompanied by a New York Criminal Lawyer at your Arraignment. The judge will be looking at aspects of your case, such as the crime you are accused of, and the dangerous or violent nature of the offense. The judge will also determine if you are considered a “flight risk,” if you are likely to return to court for your proceedings in the future or not. In order to determine this, the judge will take things into consideration such as your prior criminal record, whether you are employed, and for how long, as well if you own your own home, and if you have a substantial presence of friends and family in the area. It will be the job of your Long Island Criminal Lawyer to convince the judge to either release you without any bail being posted (“OR”) or setting the smallest amount feasible under the circumstances. Once bail is posted it will be up to your friends and family to post bail for you. Most commonly, a Bail Bondsman will be used.
If something has occurred regarding your case, your New York Bail Reduction Lawyer will make an application to court and present the new circumstances or facts to the court, in an effort to get your bail reduced. If the court finds that there has in fact been a substantial change in circumstances, the judge may reduce or even eliminate your bail.
Having the support and guidance of a New York Bail Reduction Lawyer is extremely important during the bail and bail reduction process.
At the Office of Stephen Bilkis and Associates we are able to provide you with legal advice and counsel during this stressful time, as well as a free consultation. Call us at 1-800-NY-NY-LAW for your appointment today. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.