An accused bank robber from Nassau County is on the run after being released from jail when it was determined he was improperly assigned bail. The defendant was initially held on $10,000 bail, but it was overturned on appeal, resulting in him being released to the public. The incident is a test case of New York’s new controversial bail reforms, which made it illegal to assign bail for most misdemeanors and nonviolent felonies.
The man was accused of having robbed two banks, resulting in him being arraigned in Nassau County District Court. However, because the crimes he was accused of were not considered violent felonies, they were not considered “bailable” offenses under the new bail laws. Nevertheless, the District Court Judge assigned $10,000 bail or $20,000 bond, stating “I don’t want you walking around my neighborhood.”
The defendant appealed, and the Appellate Division overturned the bail, allowing him to leave jail, albeit with an ankle monitor to track his location. He subsequently cut his ankle monitor and fled, and his current whereabouts are unknown. Nassau Police Commissioner Patrick Ryder has blamed the flight of the defendant on the new bail law, because under the old bail rules, he would still be in jail awaiting trial, rather than out in the community where he might commit more crimes.
The new bail rules have faced heavy criticism from police and advocates, who attribute a recent rise in crime on the new laws that make it harder to hold criminal defendants in jail. The new laws were intended to address issues related to overcrowding in jails, as well as criticism that prosecutors use jail and bail as coercive tools to elicit guilty pleas from defendants who might otherwise be reticent to plea to a crime. However, some fear the reforms have gone too far in the other direction, allowing accused criminals to wander free in the community where they can potentially do more harm. If nothing else, this case demonstrates that there is more work to be done when it comes to addressing New York’s system of bail.
If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
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