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What does being released with no bail mean? Does it mean there are greater chances of being innocent than if there was a bail?

Bronx, NY |

What about if there is a bail, does it mean that the higher the amount is the more chances the court knows you are going to be found guilty?
If released for free (no bail) does it already mean that there are more chances you will be found innocent than guilty?

Attorney Answers 4


  1. While bail does often reflect the strength of a case it is not always a direct correlation. It often means that jail is unlikely even if convicted.


  2. The courts usually do take the nature of the charges and the strenghts of the prosecutions case into consideration when determining baill. Having said that though, just because bail wasn't set doesn't mean that the defendant won't be found guilty.


  3. It means that based upon all the facts and circumstances, including the facts of the case, the criminal history of the defendant if any, along with the defendant's ties to the community, it is likely the defendant will voluntarily return to court so bail is not needed.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  4. Bail is strictly a decision about whether you can be trusted to come back to court on your own, without the risk of losing money. The judge may have been referring to nothing here meaning no evidence or may simply have been commenting that there is nothing there to indicate you are a flight risk. I wouldn't read any more into it than that.

    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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