__________________________________________Ask the DA
 

I often read in the papers that people who have been arrested and have appeared before a judge for arraignment are subsequently released with no bail or only after posting large sums of money to make bail. How does this work?

Under New York’s Criminal Procedure Law, when a person has been arrested and his or her future appearance before a criminal court is required, the court before which the person first appears must issue a “securing” order which either releases the person “on his [or her] own recognizance” (that is, without bail), sets bail or remands the person to the custody of the “sheriff” (in New York City, the Department of Correction). If a court is required to issue a securing order, the person who is the subject of the order has the right to make an application for recognizance or bail.

In determining recognizance or bail applications, a court must consider “the kind and degree of control or restriction” necessary to secure the person’s court attendance when required. In doing so, the court must take into account such things as the person’s character, reputation, habits and mental condition; the person’s employment and financial resources; the person’s ties and length of residence in the community; the person’s criminal, juvenile delinquency or “youthful offender” record, if any; the person’s prior record of appearances in court; the weight of the evidence against the person and the probability of conviction; and the sentence which may be imposed upon conviction.

As you can imagine, the circumstances of each bail applicant can vary widely. As a result, so do the court determinations. Generally speaking, however, release on one’s own recognizance is much more likely to occur when the charged offense is a minor one. Furthermore, the greater the financial resources of the applicant, the more likely it is that bail will be set at a higher sum.

For more information please visit the office’s Web site at www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.