A judge decides whether to set bail during an arraignment or bail hearing. Several major factors assist a judge in making the decision. They include the seriousness of the charges, prior criminal history, prior warrants and ties to the community.
The seriousness of the charge is a huge indicator of whether bail will be set. The more serious the charge, the more likely the judge will set bail. For instance, a person charged with disorderly conduct is more likely to be released on his own recognizance (ROR'd) while someone charged with robbery is more likely to have a bail set. Some charges are so severe that no bail will be set and the defendant will be remanded into custody. In New York, a person charged with a class A felony including 1st degree murder, kidnapping, arson or high-level drug charges will almost always be remanded into custody.
A prior criminal history will increase the likelihood of bail being set or the defendant being remanded into custody. The number, seriousness, recency and the similarity of the prior criminal convictions to the current charge are all the things the judge will consider in making a decision to set bail. A misdemeanor conviction from 10 years ago after the 1st arrest won't be considered a strong factor to deny bail for the current charge. As the seriousness of the crime increase, the lack of a prior criminal history will no longer be considered a strong factor in issuing bail. For instance, if you are accused of misdemeanor assault, the lack of a criminal record will allow you to be ROR'd or a small bail will be issued. However, if you are accused of 1st degree rape then the lack of a criminal record will not help you in getting ROR'd or in bail being set.
If a defendant has prior warrants then it will adversely affect his ability to be released on his own recognizance or bail being issued. Even if the prior warrant is no longer open it can have an adverse effect. If a person has failed to return to court in the past the judge is likely to think that he will not return to court for this current offense.
A defendant's ties to the community will be a great factor at the arraignment or bail hearing. Significant Ties to the community mean that the defendant is less likely to skip his next court appearance. Ties to the community include the following: owning a home in the community, a full-time job in the community, having family in the community, long-term residence in the community, having friends and family in the court room, hiring a private lawyer, and voluntarily surrendering at the request of the police.
A New York criminal defense lawyer will argue the fact that the charges are not serious, the lack of criminal history, no prior warrants and significant ties to the community in order to influence the judges decision in releasing his client on his own recognizance or having an affordable bail set, anything to avoid his client from being remanded into custody. If a loved one has been arrested for a crime in New York City, Westchester, Nassau or Suffolk County and needs representation at his arraignment contact Koenig Pierre, a Brooklyn criminal defense lawyer and DWI lawyer Brooklyn.
The seriousness of the charge is a huge indicator of whether bail will be set. The more serious the charge, the more likely the judge will set bail. For instance, a person charged with disorderly conduct is more likely to be released on his own recognizance (ROR'd) while someone charged with robbery is more likely to have a bail set. Some charges are so severe that no bail will be set and the defendant will be remanded into custody. In New York, a person charged with a class A felony including 1st degree murder, kidnapping, arson or high-level drug charges will almost always be remanded into custody.
A prior criminal history will increase the likelihood of bail being set or the defendant being remanded into custody. The number, seriousness, recency and the similarity of the prior criminal convictions to the current charge are all the things the judge will consider in making a decision to set bail. A misdemeanor conviction from 10 years ago after the 1st arrest won't be considered a strong factor to deny bail for the current charge. As the seriousness of the crime increase, the lack of a prior criminal history will no longer be considered a strong factor in issuing bail. For instance, if you are accused of misdemeanor assault, the lack of a criminal record will allow you to be ROR'd or a small bail will be issued. However, if you are accused of 1st degree rape then the lack of a criminal record will not help you in getting ROR'd or in bail being set.
If a defendant has prior warrants then it will adversely affect his ability to be released on his own recognizance or bail being issued. Even if the prior warrant is no longer open it can have an adverse effect. If a person has failed to return to court in the past the judge is likely to think that he will not return to court for this current offense.
A defendant's ties to the community will be a great factor at the arraignment or bail hearing. Significant Ties to the community mean that the defendant is less likely to skip his next court appearance. Ties to the community include the following: owning a home in the community, a full-time job in the community, having family in the community, long-term residence in the community, having friends and family in the court room, hiring a private lawyer, and voluntarily surrendering at the request of the police.
A New York criminal defense lawyer will argue the fact that the charges are not serious, the lack of criminal history, no prior warrants and significant ties to the community in order to influence the judges decision in releasing his client on his own recognizance or having an affordable bail set, anything to avoid his client from being remanded into custody. If a loved one has been arrested for a crime in New York City, Westchester, Nassau or Suffolk County and needs representation at his arraignment contact Koenig Pierre, a Brooklyn criminal defense lawyer and DWI lawyer Brooklyn.
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