New York Bail Reform And What It Means Moving Forward

New York Bail Reform And What It Means Moving Forward

On January 1, 2020, new bail reforms come into implementation in the State of New York. Understandably, the new reform received backlash from all over the State and is now on the centerfold of controversy. What is this new bail reform and how does it affect criminality and justice in the State of New York?

The New Reform: A Summary

The new law is straightforward. It removes whatever kind of detention before trial and bail in the form of cash for acts constituted as nonviolent felonies and misdemeanors.

Judges must decide to release individuals charged with nonviolent felonies and misdemeanors with two methods:

First, individuals can be released on their recognizance. A recognizance is an oath that the individual would attend all court proceedings in exchange for him not getting detained.

Another one is that individuals may also get released with conditions to ensure their attendance in court. The conditions are set by the judges and must be complied with by the individual accused.

The Backlash

The bail reform received backlash since its publication. People are concerned with not only the way that the law seems to coddle suspected of felonies. There is also concern about the lack of rules to govern the judge’s condition for the release of an accused.

Even when individuals were allowed to post bail, hiding from the law is a possibility. With the removal of cash bail and acceptance of adherence to the conditions given by the judge, accused flight becomes a problem at the forefront.

Moving Forward

The effect of the application of the new rules on bail reform is yet to unfold. The current backlash that the law is receiving is a mere impression on the rules and not on its effect. In the final analysis, New York legislation may decide to cut the new law back. In this way, the State will be joining other states that have changed newly created bail reforms to prevent the appearance of coddling criminals.

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