Pre-trial Release in New York Domestic Violence Cases

When trying to arguing for pre-trial release in New York domestic violence cases, it is important to keep in mind that every case is different and every bail argument is different. There are a number of factors that come into play.

In the New York State Courts, bail is determined, based upon the court's determination of whether the defendant is a flight risk or not. An experienced domestic violence attorney could conduct an interview with the defendant prior to the bail hearing and go through every factor that they can think of that would establish the person is not a flight risk. If an individual has been charged with family violence, they should get in touch with a lawyer that can advocate for them.

Determining Whether Someone is a Flight Risk or Not

Determining whether someone is a flight risk or not often involves looking at person’s ties to their community. That includes looking at factors like:>/p>

  • Amount of time the person has lived in the area
  • Whether or not the person is a U.S. citizen
  • Whether the person has family living in the same community
  • Are they employed in that community and how long they have had that job?
  • Do they own or rent the place where they live, et cetera?

A skilled attorney lawyer could come up with an argument that will demonstrate that the defendant will come back to court as required. That could be the difference between a judge making a determination that the person is not a flight risk and can be released on personal recognizance, or the person being detained in jail.

Conditions of Release a Judge May Pose

When setting the conditions for pre-trial release in New York domestic violence cases, the judge will often issue an order of protection, most likely a full order of protection. The defendant will be told to completely stay away from the alleged victim in the case. That means that the defendant cannot go to the victim's home, place of business, school or anywhere the victim could reasonably be.

If the parties live together, the defendant will be forced to either stay with friends or family or if none are available, will ultimately just get kicked out of their home. They also are precluded from contacting the alleged victim through phone calls, through emails, through text messages, or through social media. They cannot have any friends contact them on their behalf. It is important for the defendant to follow the protective order in order to avoid further charges and penalties.

Pre-Trial Release Services

In addition to the order of protection,  the judge might order pre-trial release services as a condition of not having bail set. The defendant has to check in and keep a kind of relationship with pre-trial services to make sure that they stay in the vicinity and complies with any conditions of the release. There have been instances where judges have made a condition of the release that the defendant has to either get or maintain a job or has to check in at certain treatment facilities or has to undergo some sort of therapy. Judges have a lot of discretion when it comes to pre-trial release in New York domestic violence cases. A qualified domestic violence attorney could work diligently to mitigate the severity of the release conditions that an individual may face.