If you have recently been charged with a crime and are facing the consequences, you need an experienced criminal defense attorney to help you navigate the complexities of defending yourself against the state. However, you may also need a Queens bails reduction defense lawyer who has a background in helping with situations of bail reduction.
Bail is often assessed as the state's way to gain additional confidence that a person accused of a crime will actually show up when the trial begins. Bail is a sum of money that is required to be paid in order for the person to be released of his or his own recognizance. Your bail reduction defense attorney in Queens should be your first call.
Bail is typically ordered in New York at an arraignment hearing. The purpose is to encourage the defendant to appear in court throughout the conclusion of the case. The security of bail provides a monetary value although it can also be in the form of a bond or cash that is posted by a bail bond company. It is usually secured through collateral like a home or other property. At the end of the arraignment hearing the judge is responsible for setting the bail amount and this will usually be levied based on the charge.
Some of the most common crimes in which bail is set include drug possession, DWI, assault, burglary, grand larceny or robbery. If you have already been taken to custody, it is important that you realize how the severity and type of your offense could ultimately influence the amount of bail. A New York bail reduction attorney can provide you some insight if you believe that the amount of bail assessed in your case is unfair or unreasonable. Knowing your rights can give you room to navigate from here.
How Judges Determine Bail AmountsThe judge will look at any prior criminal record as well as the defendant’s potential capacity to commit another crime. One of the other reasons most often weighed in during bail determination is whether there is any danger to the community. For example, someone who is accused of murder, may not receive bail because of the potential threat to the community.
However, in other charges like petit larceny, if the crime is not violent in nature the judge may be more likely to establish the bail amount. The more severe the crime, such as grand larceny, you need to respond proactive with the right lawyer. Another criterion that the judge will evaluate is whether or not the defendant is a flight risk. Your Queens bail reduction defense attorney can assist you in presenting yourself as an upstanding citizen who will continue to participate in the court process. Employment, ties to the community, housing and friends and family in the area are just a few ways in which you may illustrate your likelihood to remain. The district attorney usually asks for bail to be set directly at the arraignment hearing. The defense counsel would be responsible for persuading the judge let the defendant out on his or her own recognizance or to ask for a bail reduction. In the event that bail is set, it must be paid by your family members or your friends. You cannot post bail yourself.
The dollar amount that would need to be paid is usually the second number in the bail determination, such as $2500/ $1000. The defendant will be released if their friends or family members can post that second number. In the majority of the states, however, the defendant has to post the full amount of bail. This is usually done using the help of a bail bondsman because many people are unable to put this up on their own. A bail bond guarantees the amount of the bail so the defendant is not responsible for paying the full amount. Bail money is forfeited if bail is posted but the accused person does not appear in court. In the event that you attend all of your court appearances, the money is returned to you except for a 3% surcharge.
In some cases, the judge may set the bail high with the purpose of discouraging the friends or family members or the defendant from being able to meet this. This becomes the responsibility of your New York criminal defense attorney to request a bail reduction and to present the relevant factors that should be considered when reducing the bail. Consulting with a bail reduction defense lawyer in Queens right away so that you are prepared in the event that the bail is set too high is extremely important.