Bail in New York is decided on risk of flight. There are a number of factors to be considered including the strength and seriousness of the case, a defendant's past criminal record and community ties. A judge will look at all of these factors before deciding whether to release someone of their own recognizance, set bail or remand the person.
Types of Bail
When a defendant is ROR'd, that means nothing has to be posted and they are free to leave and return to court on their own. Sometimes there are special restrictions put in place such as an Order of Protection, curfew or reporting to pre-trial probation supervision. If the conditions are not met, the court may modify the ROR status and demand cash bail to prevent incarceration.
Sometimes a judge will set a bail with a bond or cash amount. Bail can be made by either using a bail bondsman that charges a fee or posting the cash amount at the correctional facility.
If a defendant is remanded, then there is no ability to post bail and the person remains in jail while the case proceeds. A defendant always has the right to bring a Writ of Habeus Corpus in order to have a different judge review the bail decision and see if there should be a modification.
Bail Source Hearings
Sometimes, when a bail is set, the court orders a bail source hearing. The purpose of this hearing is to determine if the person posting the bail has a relationship with the defendant and further to determine that the source of the bail money is legitimate. If a bail source hearing is ordered, it is very important to work with the attorney to make sure that everything has been checked before posting the bail. This will increase the chances that the prosecutor and/or the court will accept the bail that has been posted allowing for the release of the defendant.