New York Pretrial Services (Inclusion of All Defendants), April 18, 1988, is a policy designed to provide legal representation and support to all defendants who appear before the New York criminal justice system. This policy was created to ensure that all defendants, regardless of their financial or social status, had the same access to the legal system. The services included in this policy are pretrial services, which include an assessment of the defendant’s social and financial circumstances, an evaluation of the defendant’s risk of committing a crime if released, and an assessment of the defendant’s likelihood of appearing in court. Additionally, this policy also includes court-appointed attorneys for indigent defendants, and the ability for the defendant to post bail to secure their release. This policy applies to all criminal defendants in the state of New York.
New York Pretrial Services (Inclusion of All Defendants), April 18, 1988
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FAQ
Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.
Bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Although pretrial release rates are low overall for more serious offenses, those who secure release tend to do so through bail. This is true for individuals charged with felonies or serious, violent, or sexual offenses. In contrast, the most common form of pretrial release for misdemeanors is cite and release.
Pretrial services provide information to judicial officers to assist in pretrial release decision making and/or to assist a person accused with any conditions of release.
If you face accusations of violating the conditions of pre-trial release, it is likely that the prosecution will make a motion to revoke your bond and for you to be held on no bond.
Pretrial services programs perform two crucial functions: ? Gathering and presenting information about newly arrested defendants and about available release options ? for use by a judicial officer in making decisions concerning a defendant's pretrial custody or release status.
After the arraignment, there's a pretrial period. During this time, the prosecutor and the defendant's lawyer share information (called discovery). There are court dates to try to reach an agreement or make plans for trial. Either side can also ask the judge to make a decision about the case (file a motion).