Index
New York Bail Reform Act
Summary
New York significantly altered its criminal justice system by eliminating cash bail for most misdemeanors and non-violent felonies, though the law has been heavily amended since its passing.
Rights & Rules
- 01.If you are arrested for a misdemeanor or a non-violent felony (like shoplifting or minor drug possession), the judge MUST release you without requiring you to pay cash bail.
- 02.The judge must impose the 'least restrictive conditions' necessary to ensure you return to court (like checking in by phone or travel restrictions).
- 03.Violent felonies, sex offenses, and severe domestic violence charges remain 'bail-eligible,' meaning the judge can still set cash bail.
- 04.Under recent amendments, a judge can now consider your 'criminal history' and 'past failure to appear' when deciding if you should be held on bail for certain repeat offenses.
Penalties
- 01.If you are released on your own recognizance and fail to show up for your court date, a bench warrant will be issued for your arrest, and you will likely face bail or jail time upon capture.
Verified Citations
New York Criminal Procedure Law Article 510
Source"When a principal, whose future court attendance at a criminal action or proceeding is or may be required, comes under the control of a court, such court shall... release the principal pending trial on the principal's own recognizance, unless the court finds on the record... that such release will not reasonably assure the principal's return to court."