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Why does bail get reduced in Preliminary Hearing?

Rochester, NY |

My friend was charged a few days ago in NY with Burglary 3rd and bail was set at $10,000. At his prelim. the judge reduced it to $0...he got ROR'd. He has a multiple priors and is still on probabtion. What does this say about the case if anything?

Attorney Answers 3


If there was no hearing, it means nothing. If there was a hearing and the judge found probable cause but still reduced the bail, the case is weak. Speak with his attorney about these issues.

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.

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2 lawyers agree


It could say a lot about the case. At arraignment the judge has little information on which to make a decision. At this stage the judge is provided with additional information and a look at what the evidence might be. One of the reasons bail might have been reduced is because the judge thinks the case is weaker than originally perceived. Additionally if the DA isn't ready within a certain amount of time the defendant must be released, if that's the case then it isn't a reflection of the strength of the case. You should speak to the attorney handling the case. S/he would be in the best position to tell you what's going on.

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2 lawyers agree


There was a change in circumstance. Best to ask the lawyer who represented him what that was or ask your friend, since he was there.

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

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