Bail in New York State Criminal Matters

When a defendant is arrested, he sees a judge for an arraignment on the charges. At an arraignment, the presiding judge must determine the defendant’s custody status on the instant charges. Criminal Procedure Law Section 510.10 governs and enumerates the “bail qualifying offenses” to determine if a given crime the defendant is accused of is bail eligible.

The presiding judge at arraignment “shall make an individualized determination as to whether the principal poses a risk of flight to avoid prosecution, consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court, and select a securing order consistent with its determination under this subdivision.” C.P.L. § 510.10(1). The determination applies to bail eligible and non-bail eligible offenses alike. If a charged crime is bail-eligible, the presiding does not have to set cash bail. The Judge could, if after the individualized determination, set bail alternatives, such as pre-trial supervision, counseling or other alternatives.

If the Judge sets bail, he must do so in three forms, which usually include cash, insurance company bond, and a partially secured bond at 10%. C.P.L. § 520.10(1). C.P.L. § 520.10(1) enumerates the authorized forms of bail in New York State. If bail is set on a defendant in a criminal matter, a hearing under C. P.L. § 530.60 can be held to modify the bail and a judge can modify the bail with good cause shown to do so.