Bail After An Arrest
CPL § 510.10 — release on recognizance unless that will not reasonably assure a return to court
Own recognizance first. Unless the charge is a qualifying offense, the court releases the person on their own recognizance pending trial, unless it finds on the record or in writing that this will not reasonably assure the person's return to court. Then it releases the person under non-monetary conditions that will.
In every case the court makes an individualized determination of whether the person poses a risk of flight to avoid prosecution and of the kind and degree of control needed to reasonably assure a return to court, and explains its choice on the record or in writing. It considers the person's activities and history, the charges, any criminal record, any record of flight, any violation of an order of protection, any history with firearms, whether the charge is alleged to have caused serious harm, and, where bail is authorized, the person's finances and ability to post bail without undue hardship.
Qualifying offenses. For a qualifying offense, a list that includes most violent felonies, class A felonies, felony sex offenses, witness intimidation and tampering, any crime alleged to have caused a death, and certain contempt charges for violating a duly served order of protection for a family or household member, the court may release on recognizance or conditions, or fix bail, and for a qualifying felony may commit the person to the sheriff's custody.
A person has a right to counsel when an application for release is prepared and when a securing order is considered or reviewed, and counsel is assigned to a person who cannot afford it.
Sources for this section (1)
- CPL § 510.10 — Securing order; when required; alternatives available; standard to be applied
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.