New York Criminal Defense Lawyer | Bail Reduction Attorney

New York Bail Reduction Attorney and Arraignment Lawyers

In New York, any Court can impose Bail at an Arraignment.  Bail is the amount of money or property that the court requires to set a person free from jail.

The Court involved is attempting to ensure a Defendant’s return for a future Court appearance.

The Bail itself is some type of security that has a monetary value; cash or a Bond that is posted by a Bail Bondsman. If a bond is posted, there must be collateral to secure the bond, often something like a house.

Bail is normally determined at Arraignment and involves a serious Criminal Misdemeanor or Felony Charge. The crimes for which bail can be set can include but are not limited to: DWI, Assault, Sex Crimes, Robbery, Burglary, Drugs Possession, Weapons Possession and Murder.

The Judge considers many factors when assigning bail:  the likelihood the Defendant will commit another crime if released, the danger to the community, prior record and most importantly whether or not the defendant will return for the next court date.

At the Arraignment the District Attorney will usually request Bail and it is the job of your Criminal Defense Attorney to ask the Judge and argue for no bail or a reduced bail based on various circumstances.

If Bail is set it is up to the defendant’s friends and family member to post Bail.

In order to have the defendant released, often times the Judge will set a Bond amount and/or a Bail amount; for example 5000/2500. This means that the defendant can post (pay) $2500 in cash and be released or hire a Bail Bondsmen to post a Bond (which is a financial guarantee by the bondsmen to the court).If you post Bail or a Bond in a case and the defendant fails to appear in Court, the Court can forfeit the Bail and award it to New York State.

In the event the defendant appears for all his Court dates to the cases conclusion, the Bail is returned to the person who posted it, less 3% New York State surcharge. Many times a high Bail is set and the defendant is unable to afford the Bail or pay a Bail Bondsman.

It is possible to have a Bail Reduction Hearing and your Criminal Defense Lawyer can request one but it is better to contact your Attorney right away to represent your rights at arraignment.

The legal standard the Court uses in determining a Bail Reduction is whether or not there has been a change in circumstances. This means that after the arraignment some new information or a “change” in circumstance has been presented. In other words, the facts have changed or new facts have been discovered that would change the surrounding circumstances of the case. If that occurs, your Bail Reduction Lawyer makes an application to the Court to have a Bail hearing. At the hearing, your Criminal Attorney presents the new information to the Court and usually the District Attorney argues against the motion. The Court evaluates the arguments by both sides and, if the Judge agrees with the New York Bail Reduction Attorney and rules that there is a ” change in circumstances,” the Court will lower, reduce or eliminate the Bail.

Are you trying to get your bail, or the bail of a loved one reduced?  Call Pappalardo & Pappalardo now at (914) 725-7000. Contact our New York Bail Reduction Attorneys as soon as possible. From our centrally located offices near the courthouses in White Plains and New York City, we serve clients throughout Westchester, Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester, Putnam, Rockland and throughout New York State.

Contact Us Now…

phone: (914) 725-7000
fax: (914) 725-1700

Pappalardo & Pappalardo, LLP
700 White Plains Road, Ste 355
Scarsdale, NY 10583

24 hr emergency contact:
John - (917) 940-5556

email: info@pappalardolaw.com

For more contact information, please visit our contact info page

Current Cases & News

Mar 3, 2011 - Pappalardo & Pappalardo defense of former Eastchester Police Officer James Pileggi results in a hung jury. Judge Zambelli declares mistrial.
News 12 story here.

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