3.24 - D. Prosecutor's Bail Argument

• Jurisdiction: New York

D. Prosecutor’s Bail Argument

For the prosecution, the strongest argument for significant bail is that the defendant is likely to flee. If the prosecution has a strong case, the crimes charged are serious and there is a mandatory jail sentence, there is a likelihood of flight. If the defendant has prior convictions or is a possible probation or parole violator, there is also a much greater chance that the defendant faces imprisonment upon conviction. The prosecution can also address a defendant’s ability...