New York Criminal Law Attorney
Ryan Blanch

Criminal Law are laws established by Congress and state legislators that make certain behavior among citizens illegal and punishable by fines and/or imprisonment. In order to be found guilty of a criminal law, the prosecution must prove that the defendant engaged in criminal activity that was intentional and deliberate.

To be found guilty in a criminal proceeding, the state must show beyond a reasonable doubt that you are guilty of the crime charged. Beyond a reasonable doubt is a difficult burden to meet. In a civil case the plaintiff must show by a preponderance of the evidence that the defendant is responsible for any damages. Numerically, a preponderance of the evidence is a showing of a 51% certainty that the defendant is responsible. Beyond a reasonable doubt requires a showing of guilt closer to 100%.

What is bail?
Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.

 What happens at a bail hearing?
The accused is brought before a magistrate or judge when an arrest happens for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:

  • Recognizance - This is the defendant`s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
  • Unsecured Bond - This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
  • Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
  • Ineligible for Bail - The defendant is denied a release pending court appearance.

 The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance could result in the issuance of an "Order to Show Cause" why the release should not be revoked.  

 

 

 

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Additional Questions or need further information?

Ryan Blanch
The Blanch Law Firm
350 Fifth Avenue68th Floor
New York, NY 10118
Phone: 866-248-6421

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