How New York frames release
New York's bail law focuses on making sure the person returns to court, and for many charges a judge must release the person, either on their own recognizance or under non-monetary conditions such as supervised release. For charges that qualify under the law, the judge may set bail, and the list of qualifying charges has been amended more than once, so it is checked for each case. When bail is set, the judge has to allow several forms of payment, including at least one bond option that does not require paying the full amount upfront. The judge is also directed to consider the least restrictive conditions that will reasonably assure return. Orders of protection are often issued at the same appearance.
What the judge hears
Before arraignment in New York City, a pretrial services agency often interviews the arrested person about address, work, and family, and that information can be presented to the court. Defense counsel can point to community ties, employment, caregiving responsibilities, and a record of coming to court in the past. Family members who can confirm an address or a job can be helpful, and they should bring identification and be ready to stay for a while. Whoever posts bail should keep every receipt and understand what can happen to the money if a court date is missed. Information should be accurate, because the court can check it.
Felony cases and next steps
In felony cases, the arraignment on a complaint is usually followed by grand jury proceedings, and if the person is held, the prosecution faces deadlines to move the case forward. The person also has a right to ask to testify before the grand jury, which requires notice and careful advice. Release conditions can sometimes be revisited later if circumstances change or new information becomes available. After the arraignment, we review the release terms, any order of protection, and the next court date, and explain what each requires. If bail is set, we discuss whether to seek review and which form of bail is realistic for the family.
