Bail In New York Theft Case

by ECL Writer
Penalties Of New York Theft Charge

A New York theft case involves a number of difficulties. One is that few judges and prosecutors are sympathetic to those who steal, especially if they acted dishonestly while in a position of authority or trust. In a theft case in New York, the judge would frequently order hefty bail or a severe and protracted prison term. Consult with an experienced attorney right away to better grasp the circumstances surrounding your theft case. An experienced attorney can assist in reducing or getting any fines related to your case dropped.

A New York theft case’s outcome may also be significantly impacted by aggravating and mitigating circumstances. Whereas mitigating circumstances are those that make the offense less serious and may result in lighter punishments, aggravating circumstances are those that make the offense more serious and may result in harsher sanctions.

The use of force or aggression, the theft of a sizable sum of money or property, the existence of several victims, and the defendant’s prior criminal history can all be aggravating circumstances in a theft case. Age, lack of criminal history, and the circumstances surrounding the theft, such as hardship or duress, are examples of mitigating factors.

It is crucial to remember that every theft case is different, and the existence of aggravating or mitigating circumstances may change based on the particulars of the case. A skilled lawyer can examine the case’s facts and find any pertinent elements that can influence how the case turns out.

Determining Bail Amount

In a New York theft case, it is typical for prosecutors and courts to set huge bail amounts when someone is charged with stealing sizable sums of money or very valuable goods. In order to prepare to post bail or to contest the DA’s request for bail, a person would need to contact their counsel in advance.

Securing Evidence

An individual should not wait to meet with an attorney if there is evidence that needs to be acquired right away, someone that needs to be spoken with, or access to accounts that need to be cut off at some point. A person needs to keep track of the evidence and make sure contacts are made. Evidence and leads need to be pursued right away. In a theft case in New York City, a judge will consider these factors while determining the bond amount.

If not, a person can forfeit their chance to effectively defend oneself. Even a video can disappear after a week or two. This proof needs to be kept safe. A person’s defense is compromised more the longer they wait.

Surety Hearing

If there is evidence of financial wrongdoing, the district attorney’s office may then ask for a “surety hearing.” This is because the district attorney’s office does not want someone to post $50,000 in bond using $50,000 in stolen or illegally obtained funds. A close relative or a friend with property to state, “The bail that we are posting is authentic from a respectable source,” may be required to post bail in a New York theft prosecution. The money spent cannot be a portion of the theft or crime proceeds.

An individual may need to have a hearing separately or separately after submitting that to a DA to determine whether the money is coming from a lawful source. The existence of a legal connection between the individual and the other party must also be established. If they have prior expertise with these hearings, the District Attorney’s Office, and fraud and theft crimes, an attorney can assist in a person’s release.

The severity of the Charge

The extent of possible imprisonment in such a case can be horrifying and overwhelming. A person can be arrested or put behind bars with a sizable bond for almost any amount of larceny. Even if the law might not distinguish between, say, $62,000 and $800,000, it is still Second Degree Grand Larceny degree of crime. The truth is that the higher the fine or the number of offenses a person commits, the more probable it is that prosecutors and judges will sentence them to more time in prison. A judge will decide whether someone stole $6,000 all at once or $250 or $500 spread out over several occasions. This will affect the fines and bail in a theft case in New York City.

A deception that occurs more than once is much worse than a second, third, or subsequent violation. Before entering the courtroom, the person must have their case ready with the help of an expert attorney so they may work for the best result possible.

Factors That Affect Bail In New York Theft Case

Bail is a monetary amount paid by an individual charged with a crime to ensure their appearance in court. It is a way to guarantee that the defendant will not flee before trial. In New York, the decision to grant or deny bail is based on several factors, including the severity of the crime, the defendant’s criminal history, and the likelihood that they will flee. In a theft case, the following factors may affect the bail amount:

  • The severity of the crime: The severity of the theft crime is a crucial factor in determining bail. If the value of the stolen property is high, or if the theft involved violence or threats, the bail amount is likely to be high. This is because the court considers such crimes as serious and the defendant may be seen as a potential threat to society.
  • Criminal history: The defendant’s past criminal record is also taken into account when deciding on bail. If the defendant has a history of theft or other criminal activities, the court may consider them a higher flight risk and set bail accordingly.
  • Likelihood of fleeing: The court considers whether the defendant is likely to flee before their trial. If the defendant has strong ties to the community, such as a permanent residence or a job, they are less likely to flee, and the bail amount may be lower. On the other hand, if the defendant has no ties to the community, such as a foreign national without a permanent address, they may be considered a higher flight risk, and the bail amount may be higher.
  • Ability to pay: The defendant’s ability to pay the bail amount is also considered. If the defendant cannot afford to pay the bail amount, they may be detained until their trial, regardless of the severity of the crime or their likelihood to flee.
  • Public safety: The court may also consider public safety when setting the bail amount. If the defendant is seen as a danger to society, the bail amount may be higher, or the defendant may be denied bail altogether.

Hiring A New York Lawyer In a Theft Case

If you are facing a theft charge in New York, it is highly recommended that you hire a criminal defense lawyer who is knowledgeable and experienced in criminal defense law. A competent lawyer can provide legal guidance, represent you in court, and help you understand the charges against you.

Here are some important factors to consider when hiring a lawyer for a theft case in New York:

  • Experience: Look for a lawyer who has extensive experience in defending clients in theft cases. An experienced lawyer will know the ins and outs of the legal system and be able to anticipate any issues that may arise in your case.
  • Reputation: Look for a lawyer with a good reputation in the legal community. You can read reviews from previous clients online or ask for referrals from people you trust.
  • Communication: Choose a lawyer who communicates well and is responsive to your questions and concerns. You want a lawyer who will keep you informed throughout the legal process and answer any questions you may have.
  • Knowledge of New York law: Make sure the lawyer you choose is knowledgeable about New York theft laws and the local court system. They should be familiar with the judges, prosecutors, and court procedures in the jurisdiction where your case will be heard.
  • Fees: Be upfront about the lawyer’s fees and how they will be charged. You should have a clear understanding of the costs involved before you hire a lawyer.
  • Personal comfort: It’s essential to feel comfortable with your lawyer and be able to trust them. You will be sharing sensitive information with them, and they will be representing you in court, so it’s essential to have a good rapport.

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