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Is The Bail Process The Same In Domestic Violence Cases?

No. New York has adopted stringent laws when it comes to Domestic Violence crimes.

While these laws serve the important purpose of protecting victims of abusers, the wide net that New York’s policies and laws cast means that many people are subjected to unusual treatment from the court system.

If you’ve been charged with a family crime in New York criminal courts, prosecutors are likely to argue for bail, rather than releasing you on your own recognizance.

Judges often follow the prosecutor’s lead, though not always. But whether the judge ultimately decides to release you on your own recognizance or on bail, the court is going to consider several factors before deciding to release to you at all.

For instance, if you have a history of violating orders of protection, the judge may choose not to release you, for fear that you’ll harm an alleged victim.

And maybe you thought the Second Amendment conferred some rights on you, but if you have access to firearms, a judge can use that as evidence that you pose a special risk in domestic violence cases.
If you’ve been charged in a domestic violence crime in New York, call the experienced criminal defense team at Zelenitz, Shapiro & D’Agostino today at 718-599-1111 and get a free consultation with an attorney who knows domestic violence crimes defense.