Can I Get Bail During My Criminal Case?

When you get arrested for a crime in New York it is possible that you will remain in jail until your trial. However, in some cases, a person can be released before their court date by paying bail. If you are facing criminal charges in New York and are wondering if you can get bail during your case, continue reading and consult a skilled Rockland County criminal defense attorney for more information.

What is Bail?

Bail is an amount of money set by a court that, if paid, allows a defendant to be released from jail while they await their trial. In the United States, every individual charged with a crime is innocent until proven guilty. Because of this law, defendants cannot be punished before they are convicted. Bail allows defendants to walk free before their trial since they have not been found guilty yet but ensures that they will appear in court for scheduled dates and hearings.

If the defendant meets all requirements of the court and shows up to all required hearings, the bail money will be refunded. It essentially acts as insurance for the court to guarantee that the individual will not flee or attempt to evade the law.

Can I Get Bail During My Criminal Case?

You may be able to get released from custody on bail depending on the details of your circumstances. Once an individual is arrested in New York, they will be brought before a judge for an arraignment, generaly within 48 hours of the detainment. There, a judge will inform the defendant of the charges against them. This is also the time when the judge may set bail.

Whether or not the judge allows the individual to be released on bail will depend on several factors including the following.

• The nature of the crime: Felonies or violent crimes are more likely to result in the judge denying bail or setting it at a higher amount.
• Criminal history: Defendants who have a history of arrests or convictions are generally more likely to continue committing crimes or have more reason to flee.
• Flight risk: The judge will consider what the chances of the defendant running away are. Individuals with ties to their community like friends, family, a job, etc. are generally less of a flight risk and are more likely to receive bail. If the crime is extraordinarily severe or the individual has nothing keeping them in town, the flight risk may be too high and the judge may deny bail or make it more expensive.
• Public safety: The judge will also consider whether or not the defendant is a risk to public safety if they are back on the streets. If they are seen as a threat the judge will likely set a higher bail or deny it altogether.

Whether or not you are granted bail depends on a variety of factors and information unique to your case. Speak with a lawyer for more information and legal representation.