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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
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What Bail Conditions Can Be Set In New York
By Spodek Law Group |
February 13, 2023
Last Updated on: 21st February 2023, 06:45 am
Bail Conditions in New York: What You Need to Know
Since the introduction of bail reform in 2020, New York State criminal court has seen a significant reduction in jail populations by 40%. The bail reform eliminated cash bail in about 90% of all cases pending in New York State criminal court, which codified the bail conditions judges can set on criminal cases. Under Section 510 of the New York Criminal Procedure Law, judges have the discretion to set bail conditions in criminal cases.
What Are the Different Bail Condition Options on Criminal Cases?
New York State Court judges have various options when it comes to imposing bail conditions on someone at criminal court arraignment. The least restrictive of these options is the release on recognizance, followed by non-monetary conditions, pre-trial supervision, electronic monitoring, and cash bail, which is the most restrictive of them all.
Release on Recognizance
This is the most lenient form of bail condition that a judge can impose, where no bail or bond is required to be posted for an individual’s appearance in court. The judge usually issues a warning to the individual to show up in court for all scheduled dates, and there is no paperwork involved.
Non-Monetary Conditions
When the court determines that releasing someone on their recognizance will not reasonably assure that they will show up in court, non-monetary conditions must be set to ensure their attendance for the next court appearance. These conditions include contact or check-ins with a pre-trial agency, travel restrictions, and prohibition on possession of firearms or other dangerous weapons.
Pre-Trial Supervision
If neither release on recognizance nor non-monetary conditions can assure someone’s return to court, pre-trial supervision is the next least restrictive means of ensuring someone’s attendance. Conditions of pre-trial supervision can include contact with a pre-trial services agency, abiding by reasonable travel restrictions, surrendering of the passport, and refraining from possessing a firearm or other dangerous weapons. The principal cannot be required to pay anything toward the cost of their pre-trial supervision.
Electronic Monitoring
When neither release on recognizance, non-monetary conditions, nor pre-trial supervision can assure someone’s return to court, electronic monitoring is the next least restrictive means of securing an individual’s appearance. Electronic monitoring is the most restrictive of bail conditions that does not involve the posting of cash bail. However, it is not widely used in New York criminal cases, as the criminal justice system is yet to get electronic monitoring in place.
In summary, understanding the bail conditions in New York can be overwhelming, which is why having an experienced and knowledgeable criminal defense attorney by your side is crucial. At Spodek Law Group, our attorney Todd Spodek has years of experience in representing clients in criminal cases, including bail hearings. He is committed to helping his clients navigate the criminal justice system, and you can count on him to get the best possible outcome for your case. Contact us today to schedule a consultation.
Electronic Monitoring: How Long Can It Be Imposed For?
If you’re facing a criminal charge in New York, you may be wondering if electronic monitoring is on the table. The good news is that under CPL 510.40(4)(d), electronic monitoring can only be imposed for up to 60 days. However, after the expiration of the 60-day period, the Court must revisit the question of whether electronic monitoring is still necessary. This is an important point to keep in mind, as it gives the defense attorney and prosecutor an opportunity to be heard regarding the extension of electronic monitoring past 60 days.
Cash Bail: The Most Restrictive of All Bail Conditions
Cash bail is a controversial topic in New York’s criminal justice system, and for good reason. It’s the most restrictive of all bail conditions, and as a result, can have a significant impact on a defendant’s life. Under the state’s bail reform laws, criminal charges are divided into “bail qualifying offenses” and “bail non-qualifying offenses.” Judges can set cash bail on bail qualifying offenses, but they don’t have that power for bail non-qualifying offenses.
Which Cases Are Eligible for Bail?
The following criminal charges are eligible for bail:
The Difference Between Assaulting a Police Officer and a Regular Person in Rockville
Understanding Sevthe eerily of Assault on an Officer in Rockville
Assaulting someone is never taken lightly, but when it comes to a police officer, the consequences are much more severe. While an assault on a regular person is already a serious crime, an assault on an officer can carry even harsher penalties, including increased charges if the victim belongs to a protected class, such as doctors, ambulance drivers, and fire department members. If you’re facing charges of assaulting a police officer in Rockville, it’s crucial that you seek legal guidance from a skilled Rockville assault lawyer, like those at Spodek Law Group, as soon as possible.
The Difference Between Assault on a Police Officer in RockvilleUnlike other charges, the government must prove that the victim of an ‘Assault on a Police Officer’ charge has suffered an injury. Furthermore, these charges carry enhanced penalties and a negative stigma. In the community’s eyes, it’s deemed more offensive to assault an officer who is merely doing their job and upholding the law.
How Assaulting a Police Officer Differs from Assaulting a Lay PersonWhen someone assaults a police officer, they’re not just attacking a regular person; they’re attacking an individual with a level of authority granted to them to enforce the law. The court sees this as a prosecutable offense because the officer is acting within their capacity to uphold the law. In most cases, defenses such as self-defense or mutual affray won’t hold up in court.
In a typical assault case, it’s not uncommon for individuals testifying against each other to have credibility issues or bias that may discredit their testimony. However, this is highly unusual in cases involving assault on police officers. Officers generally don’t have a history with the individuals they charge, and it’s unlikely that there will be any testimony suggesting any bias. This makes bias defenses irrelevant in most cases.
Trust Spoked Law Group to Handle Your Assault on Police Officer Case in RockvilleWhen it comes to defending yourself against assault on police officer charges in Rockville, it’s essential to have a reliable and experienced law firm like Spodek Law Group by your side. With skilled attorneys like Todd Spodek, you can rest assured that you’ll get the best possible outcome for your case. Don’t hesitate to call for a consultation to begin building your defense today.
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