3.23 - C. Defense Counsel's Bail Argument

• Jurisdiction: New York

C. Defense Counsel’s Bail Argument

In presenting a justification for low bail or release, defense counsel should stress the defendant’s employment, family ties and length of residence in a particular location. A strong case can be made for release if the defendant has good “community ties” (e.g., a steady job and a stable home life). If the defendant has a criminal record, but it is apparent from his record that no bench warrants have ever been issued, the defense can stress that the defendant’s record...