I do not understand why all these judges let criminals out on bail. It would seem to me that it would be safer for us to lock these folks up right away!
First we must remember the premise of our criminal justice system, that is that a person is innocent until proven guilty. Secondly, our system strongly opposes locking innocent people up. So a person who is not been found guilty, or admitted their guilt, is therefore an innocent person, and every right under our laws must be afforded to them.
Bail is for the express purpose of insuring that the accused party will return to court. Bail is not to punish a person, nor is it to extract fine money ahead of time. The purpose behind bail, is that if a person has to put money up-front, that person will be more likely to reappear in court at a later date.
To determine if a person should be released on bail, or be released on their own recognizance, the court must look at several factors. First, what are the accused ‘ties’ to the community? Do they have a job in the area? Do they have housing in the area? Have they lived in the community for a long length of time, or do they have family in the area? Obviously a person who is attached to a community would be more included to return to court, then someone who can melt back into the streets of downtown Rochester.
Then the Court looks at the nature of the change, and the danger to the community. What is the accused criminal record, do they have a lengthy record and if so what does it include. If there is a lengthy criminal record of assaults or physical confrontations then this person may be a danger to the community. With major felony actions the accused are usually not released without bail, and they are never released at the initial arraignment if it occurs in a local justice court.
If the Judge determines that the person has ties to the community, and would be more likely to appear in court, and the accused does not appear to be a danger to the community at large, then the Judge may release the person “on their own” or into the “custody and care ” of another person (such as a parent, guardian or social worker), the Court may set a specific sum of bail (and if the accused can not pay the bail they will remain in jail until the next court appearance) or the Court may release the person to the “pre-trial release” program.
“Pre-trial Release” is a county wide program that monitors the whereabouts of accused individuals. They will check up to insure that the accused has reported to work, has maintained their own housing and has kept any number of appointments that they may have (such as mental health evaluations, or drug and alcohol evaluations). The accused is basically “babysat” through the initial court proceedings to allow them to remain free, but insure that they will re-appear in court, and do not become a danger to society. If an accused quits their job, or re-locates, the release is terminated, and an Order for their return to jail is immediacy secured through the Courts.
Keep in mind the system is not perfect. But balances have to be met between the innocence of the party, the cost of the incarceration, the eventual likelihood that the person will ever be sentenced to jail, and the needs of the community.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, NY 14522 or e-mail to cklaw@verizon.net.