Can You Be Held Without Bail for Felony Charges in New York?

By Spodek Law Group
July 9, 2024
6 min read
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Can You Be Held Without Bail for Felony Charges in New York?

If you've been charged with a felony in New York, you're probably wondering - can they really hold me in jail without bail? The short answer is: it depends. At Spodek Law Group, we understand how scary and confusing this situation can be. That's why we're here to break it down for you and explain your options.

Understanding New York's Bail Laws

New York's bail laws underwent major changes in 2019 and 2020. These reforms eliminated cash bail for most misdemeanors and non-violent felonies. However, judges can still impose bail or remand defendants without bail for certain serious felony charges.Here's what you need to know:
  • For most non-violent felonies, you cannot be held without bail
  • For violent felonies and some serious non-violent felonies, a judge can order you held without bail
  • The specific charges and circumstances of your case determine bail eligibility
It's a complex system, but don't worry - we've got your back. Our experienced criminal defense attorneys know these laws inside and out. We'll fight to protect your rights and freedom every step of the way.

Bail-Eligible vs. Non-Bail-Eligible Felonies

So which felony charges could potentially land you in jail without bail? Let's break it down:

Bail-Eligible Felonies

For these charges, a judge can set bail or remand you without bail:
  • Violent felonies (e.g. assault, robbery, burglary)
  • Class A felonies (except drug offenses)
  • Sex offenses
  • Witness intimidation or tampering
  • Terrorism-related charges

Non-Bail-Eligible Felonies

For these charges, you cannot be held without bail:
  • Most non-violent felonies
  • Drug possession (except Class A)
  • Burglary 3rd degree
  • Robbery 3rd degree
Of course, there are always exceptions and nuances. That's why it's crucial to have an experienced criminal defense lawyer on your side. We'll analyze the specifics of your case and fight for your release.

Factors Judges Consider in Bail Decisions

Even for bail-eligible felonies, judges don't automatically remand defendants without bail. They must consider several factors, including:
  • The nature and circumstances of the charges
  • The weight of evidence against you
  • Your criminal history and record of court appearances
  • Your ties to the community
  • Your financial resources
  • The potential sentence if convicted
Our skilled attorneys know how to present these factors in the most favorable light for you. We'll build a strong case for your release, emphasizing your community connections and low flight risk.

How Spodek Law Group Can Help

Being held without bail is a terrifying prospect. But you don't have to face this alone. At Spodek Law Group, we have decades of experience fighting for clients' rights in felony cases. Here's how we can help:
  1. Thorough case analysis: We'll carefully review all evidence and charges to identify any weaknesses in the prosecution's case.
  2. Aggressive bail advocacy: We'll fight tooth and nail to secure your release, presenting compelling arguments to the judge.
  3. Negotiation with prosecutors: In some cases, we may be able to negotiate for reduced charges that aren't bail-eligible.
  4. Constitutional rights protection: We'll ensure law enforcement and the court respect your rights throughout the process.
  5. Strategic defense planning: Whether you're released or held, we'll start building a robust defense strategy immediately.
Remember, your freedom is on the line. Don't take chances with inexperienced lawyers or overworked public defenders. You need the best on your side.

Why Choose Spodek Law Group?

When you're facing felony charges, you can't afford to settle for anything less than top-notch legal representation. Here's why Spodek Law Group stands out:
  • Decades of experience: We've successfully handled thousands of felony cases in New York.
  • Aggressive advocacy: We fight relentlessly for our clients, in and out of the courtroom.
  • 24/7 availability: Legal emergencies don't wait for business hours. Neither do we.
  • Personalized attention: You're not just a case number to us. We'll give you the individualized care you deserve.
  • Proven track record: Our case results speak for themselves.
Don't let felony charges derail your life. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We're ready to fight for your freedom.

FAQs About Felony Bail in New York

Still have questions? We've got answers. Here are some common queries we hear from clients:Q: Can I be held without bail for a first-time felony offense?A: It's possible, depending on the nature of the charge. However, for first-time offenders, we often successfully argue for release or reasonable bail terms.Q: How long can I be held without bail?A: There's no set time limit. However, you have the right to a speedy trial. We'll work to expedite your case and secure your release as quickly as possible.Q: What if I can't afford bail?A: We may be able to argue for reduced bail or alternative release conditions. In some cases, we can connect you with bail bond services.Q: Can a bail decision be appealed?A: Yes, we can file a bail appeal if we believe the judge's decision was unfair or legally flawed.Q: Will being held without bail hurt my case?A: It can make case preparation more challenging, but that's where our experience comes in. We know how to build strong defenses even for detained clients.Remember, every case is unique. For personalized advice on your situation, call us at 212-300-5196. We're here to help, 24/7.

The Importance of Acting Quickly

When it comes to felony charges and potential detention without bail, time is of the essence. The longer you wait to secure legal representation, the harder it becomes to fight for your release and build a strong defense.Here's why you need to act fast:
  1. Evidence preservation: Critical evidence can disappear or degrade over time.
  2. Witness memories: Witnesses' recollections may fade or change.
  3. Legal deadlines: There are strict timelines for filing certain motions and appeals.
  4. Case preparation: The more time we have, the stronger defense we can build.
Don't let valuable time slip away. Contact Spodek Law Group immediately if you're facing felony charges in New York. We're ready to spring into action and fight for your rights.

Conclusion: Your Freedom Is Worth Fighting For

Facing felony charges in New York is daunting, especially with the possibility of being held without bail. But remember - you have rights, and you have hope. With Spodek Law Group on your side, you'll have a powerful ally in your corner.We've seen it all, and we've helped countless clients navigate these treacherous legal waters. From securing release to building rock-solid defenses, we know what it takes to win.Don't gamble with your future. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation. Let's work together to protect your freedom and clear your name.Remember, the prosecution is already building their case against you. Isn't it time you had a champion fighting for YOU?

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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