What is bail and how is it set?

Use the following guidelines when looking at bail and how it is set:

  • In order to secure a defendant’s appearance before it, bail may be set by the judge.
  • Bail is money, in the form of cash or a bond, that must be posted by a defendant. ADAs will often request that bail be set, and will give reasons for the bail conditions requested.
  • Courts set bail based on a number of factors, including the seriousness of the charges, the defendant’s prior criminal record, the defendant’s prior history of returning to court, and the defendant’s ties to the community.
  • If the defendant does not post bail, he is held in the Orange County Jail until his next court date.
  • If defendant posts the amount of money required to make bail, he will be released.
  • If the court feels that bail is unnecessary, a defendant can also be released on his own recognizance (ROR).
  • If the defendant’s risk of failing to return to court is particularly high, the court may order that the defendant be held in custody without bail.
  • In misdemeanor and petty-offense cases, the court is required to set bail, or to ROR the defendant.
  • In a few cases involving felonies, the local criminal court does not have the authority to set bail, and must order that the defendant be held in custody. In those instances, the defendant may ask the County or Supreme Court to review his bail status.

Show All Answers

1. What types of offenses are there in New York?
2. What happens when someone is arrested?
3. What is the function of the District Attorney?
4. What is an arraignment?
5. What is bail and how is it set?
6. What happens to a misdemeanor or violation case after arraignment?
7. What happens to a felony case after arraignment?
8. Are grand jury proceedings open to the public?
9. What happens after a grand jury votes an indictment?
10. What is a trial?
11. What are the stages of a trial?
12. What types of sentences may be imposed if a person pleads guilty or is found guilty after a trial?
13. Can a convicted defendant or the District Attorney take a case to a higher court?