Legal Question in Criminal Law in New York

Re: bail set

There are no limits on bail. Bail is generally determined by a judge based on the following factors:

1. the seriousness of the charge and the potential sentence (the more serious the charge, the more likely it is that the court will set bail);

2. prior criminal record (a person with a more extensive criminal history is more likely to have bail set);

3. prior bench warrants (if the person failed to appear in court for a prior case, it is more likely that bail will be set);

4. ties to the community (if the person is employed, owns a home, has a family, etc., these will support an argument for no bail or low bail).

Before the arraignment, the attorney should interview the person charged with the sale in order to make the best possible presentation to the judge in favor or release on own recognizance (ROR) or low bail.