Sweeping changes could be coming to the criminal justice system in New York, enhancing the legal rights of NY residents who have been accused of crimes.

NY Governor Andrew Cuomo announced the proposed changes during his three-day State of the State tour. Cuomo announced that he is calling for NY lawmakers to reform the state’s criminal justice system by giving state and local judges greater flexibility when it comes to imposing bail requirements on criminal defendants.

In addition to pushing for bail reform, Cuomo also said that he wants prosecutors and judges to do a better job of ensuring that criminal defendants are afforded their constitutional right to a speedy trial. “Justice delayed,” noted Cuomo, “is justice denied.”

Bail Reform in New York City

Currently, the New York bail system can be used by prosecutors as a blunt strategic tool to get defendants to plead guilty to crimes that they may not have actually committed. This is because many defendants, even those accused of non-violent criminal offenses that pose no risk to public safety, have their bail set at extremely high amounts. Without the means to post bail and secure their release from prison in advance of trial, a lot of these defendants languish behind bars for months while the wheels of justice turn very, very slowly.

The criminal courts in NYC and elsewhere in the state have far too many cases and not enough resources to get to all of them quickly, so prosecutors have no choice but to plead out the vast majority of cases. When the criminal defendant opts not to accept a plea agreement – perhaps because they are completely innocent of the charges – the prosecutor may decide to use a high bail amount as a means to persuade the defendant. Basically, it’s a lose-lose proposition for criminal defendants who lack the ability to post bail: either (1) fight the charges and remain behind bars for months or even years before the case is resolved at trial or (2) accept a plea offer and plead guilty to a crime that they did not commit, leaving them with a permanent criminal record and other negative consequences.

In recognition of this flawed system, NY Governor Cuomo plans to call on state legislators to change the way bail works in New York. Cuomo recently spoke at the World Trade Center and said that the state’s judicial system needs to be reformed because minorities and poor people are often the ones who “find the scales of justice tipped against them.”

Under Cuomo’s proposed policy, judges would have leeway to release criminal defendants from jail even if they have not met bail requirements. One of the limitations on the new bail policy would be that a defendant would need to be accused of a non-violent criminal offense and a court would have to find that the defendant does not pose a safety risk to the community.

 

If you were arrested and charged with a crime in New York, you need a qualified criminal defense attorney assisting you. The experienced, aggressive criminal defense lawyers at the LaDuca Law Firm will help you fight your criminal charges and avoid the most severe penalties. Contact us anytime to schedule a free consultation at our office in Rochester, New York.