A new bail law goes into effect on January 1 in New York. It will eliminate pretrial detention and cash bail as an option in an estimated 90 percent of arrests. For the remaining cases, judges will maintain the option of setting cash bail. While the reforms were only supposed to include non-violent crimes, law enforcement officials said that wasn’t the case in the final version of the legislation. In typical Albany fashion, the bills were voted on in the middle of the night along with the rest of the state budget. Under New York’s new bail laws, effective January 1st, judges will not be able to set bail on any of the following crimes. Instead, they must release the defendant on non-monetary conditions regardless of criminal record, ties to the community or previous bench warrants on other cases: • Second-degree burglary (residential) • Second-degree burglary (hate crime) • Third-degree burglary commercial) • Third-degree burglary (hate crime) • Second-degree robbery (aided by another) • Second-degree (hate crime) • Third-degree robbery • First, second, third, fourth and fifth-degree criminal sale of a controlled substance • Use of a child to commit a controlled substance offense • First, second, third, fourth, fifth and seventh-degree criminal possession of a controlled substance • Criminal sale of a controlled substance (in or near school grounds) • Criminal injection of a narcotic drug (into another person) • Criminal sale of a controlled substance (to a child) • Criminal sale of a prescription for a controlled substance by a pharmacist • Criminal possession or manufacture of methamphetamine • Third-degree assault • Third-degree assault (hate crime) • Reckless assault of a child (by a day care provider) • Reckless assault of a child • Second, third and fourth-degree stalking • Second, third and fourth-degree stalking (hate crime) • First and second-degree vehicular assault • Aggravated vehicular assault • Aggravated assault (upon a person less than 11 years old) • Aggravated assault (upon a person less than 11 years old; hate crime) • First, second and third-degree menacing • First, second and third-degree menacing (hate crime) • First and second-degree reckless endangerment • Promoting a suicide attempt • First-degree stalking (while committing a sex offense) • Second, third and fourth-degree stalking • Criminal obstruction of breathing or blood circulation • Criminally negligent homicide • Second-degree vehicular manslaughter • Aggravated vehicular manslaughter • Second-degree manslaughter • First and second-degree unlawful imprisonment • First and second-degree unlawful imprisonment (hate crime) • Aggravated labor trafficking • Custodial Interference 1° and 2° • Substitution of children • First, second and third-degree coercion • First, second and third-degree coercion (hate crime) • First, second, third and fourth-degree criminal trespass • First, second, third and fourth-degree criminal trespass (hate crime) • Possession of burglar’s tools • Unlawful possession of radio devices (police scanners) • First-degree criminal mischief (explosion); second-degree criminal mischief ($1,500); third-degree criminal mischief ($250); fourth-degree criminal mischief • First-degree criminal mischief (explosion; hate crime); second-degree criminal mischief ($1,500; hate crime); third-degree criminal mischief ($250; hate crime); fourth-degree criminal mischief (hate crime) • First, second and third-degree criminal tampering • First and second-degree cemetery desecration • Aggravated first and second-degree cemetery desecration • Reckless endangerment of property • First and second-degree tampering with a consumer product • Making graffiti • Possession of graffiti instruments • Third-degree arson (intentionally damage […]