When a defendant is held before trial in NY, the court may release the accused under conditions known as bail. This payment is typically given back when the case is resolved if the defendant follows court orders. Please continue reading to learn how bail works, when a defendant can get it, and why connecting with an experienced Rockland County Criminal Defense Attorney is in your best interest.
How Does Bail Work in NY?
First, bail refers to a sum of money that a defendant pledges to the court in exchange for early release from jail before a court date is set under the condition that they promise to appear at this date. When a defendant posts bail through cash, a bail bond, or another method it allows the accused to resume their normal life rather than being incarcerated for an indefinite amount of time until their case can be resolved.
The process of setting bail in New York is often at the discretion of the judge. When determining bail, the judge will take several factors into account, including the nature of the offense, the defendant’s criminal history, whether the defendant poses a flight risk, and the safety of the community. In some instances, a judge may deny bail altogether, especially in cases where the defendant poses a danger to others.
What Happens if a Defendant Fails to Appear in Court?
If you fail to appear in court after posting bail, the court will typically issue a bench warrant, authorizing your arrest. Essentially, this means that law enforcement will actively search for you to bring you into custody for breaching the terms of your conditional release. In addition, you will forfeit the bail money you posted to secure your release. You may face additional criminal charges for failing to appear for a scheduled court date. A failure to appear can also significantly impact future legal proceedings, potentially making it harder to get bail in the future.
If you have a valid reason for not being able to appear in court, it’s advisable to inform your criminal defense attorney as soon as possible. If you can prove extenuating circumstances for failing to appear in court, a qualified attorney can help you resolve the issue with the court by providing supporting documentation.
If you are facing criminal charges in New York, understanding the concepts of bail and bond is critical. At The Law Office of Carl Spector, we are prepared to safeguard your rights and interests. Connect with our firm today to learn how we can fight for you.
