During almost every TV crime drama, there is an arraignment scene where bail is set. While fictional courtrooms provide an idea of what occurs, in the real world, it is important to understand the arraignment process and the terms used during it.

In Yonkers, N.Y., located in southern Westchester County, most people arrested on misdemeanor charges or nonviolent felony charges will receive a desk appearance ticket with a date to appear in court for arraignment. Those accused of more serious, violent felonies will be held in jail until a bail hearing or arraignment, typically 24-48 hours after the arrest. It is advisable for anyone who’s been arrested to be represented throughout the legal process by an attorney – one that is privately hired or a public defender provided to at no cost.
In July 2020, new rules about bail took effect in New York State. These bail reforms are intended to give judges more situations in which they can offer cash bail (thus reducing the number of people in jail while awaiting court dates) and more discretion in setting bail amounts and determining pretrial release.
According to BetterBail, in New York, about 70% of felony criminal defendants are released on recognizance; 29% are released on bail or bond; and 1% are remanded, or remain in jail, throughout the judicial process. Both bail and bond permit a defendant to be released from jail during the legal process and establish a financial stake to return for court appearances, but through different processes.
The amount of bail or bond is based on numerous variables (such as prior arrests, seriousness of the crime and potential to be a flight risk) and usually follows a schedule by type of crime. Bail/bond can also be granted with several conditions attached, such as wearing an electronic monitoring device and surrendering a passport.
There are many variables when it comes to setting bail and bond, and your attorney can be a valuable advocate during pretrial hearings and arraignments. It is important to hire a Yonkers criminal defense attorney, like those at Sayegh & Sayegh, who have expertise in the New York criminal system and understand the new state bail laws. Contact us online to discuss your case with a Sayegh & Sayegh attorney today.
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