On September 16, 2016, in Criminal, by John A. Weber IV, ESQ.


The arraignment process in New York is one of the initial proceedings in a criminal case. From the client’s perspective, it can often be determinative of how effective their level of legal representation will be. If released on bail often the defendant will likely have easier and more open communication with their criminal defense attorney(s). They also will likely have more of an opportunity to hire an attorney that may specialize in the area or crime that they are charged with. Furthermore, they can take steps such as enrolling in a drug treatment program to pursue leniency from the courts and show that they wish to decrease their chances of recidivism. Criminal Procedure Law § 510.30 Application for recognizance or bail; rules of law and criteria controlling determination, states that some of the factors for courts to consider are,

The principal’s character, reputation, habits and mental condition; (ii) His employment and financial resources; and (iii) His family ties and the length of his residence if any in the community; and (iv) His criminal record if any…..

In theory, the purpose of bail is to ensure that a defendant will return to court for their next court date and not flee the jurisdiction. The options available for a defendant to pay their bail is typically a cash option or a bond option. The bond option will involve contacting a bail bond insurance company and posting some sort of collateral so that the bail bond company will pay bail for the defendant. Sometimes signing over a defendant or a defendant’s families house or car may occur.

Criminal Defense Attorney

Retaining an attorney that understands the nuances of bail applications can make a huge difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.

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