Submitted by NetQuarterLatte t3_11syd5f in nyc
NatLawson t1_jck65nu wrote
Innocent until proven guilty, which means - "you" can't be deprived of "your" liberty just because "you" are dating a policeman's ex-girlfriend.
Bail is not punishment.
It is the rightful exchange of equity for process time. If a person, "you" cannot afford bail, it is not "your" problem that the government needs time to prove "you" guilty.
If "you" are not an imminent threat to "your" community, the court "must" forgo bail. If you don't have a record of criminal activity, if you show up each time for hearings, if you pay your fines, "you" should not be forced to post bail.
NetQuarterLatte OP t1_jckce7q wrote
> If "you" are not an imminent threat to "your" community, the court "must" forgo bail.
You must be thinking of another state, because that sweeping statement doesn’t apply to New York.
Courts in NY cannot consider public safety or threat to the public when deciding bail.
In general, NY courts are required to apply the “least restrictive measure” to ensure the appearance in court.
The exception is when the defendant is a threat to a specific and identified person (like in a domestic violence case).
But if it’s just a stupid person (say playing the knockout game targeting random victims), there’s nothing that the NY judicial system can legally do in practice to stop that person from reoffending as many times as they want.
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