Bail in a New York Theft Case

There are multiple issues involved in a New York theft case. One is that not many judges and prosecutors are sympathetic to people who steal, especially if a person was in a position of trust or power and breached that relationship. In a New York City theft case, a judge will often set significant bail or stiff and long prison sentence.

To understand the circumstances surrounding your theft case, it is imperative to consult with an experienced lawyer immediately. A knowledgeable attorney can help reduce or dismiss any penalties associated with your charge.

Determining Bail Amount

When someone is accused of stealing significant amounts of money or highly valued property, it is common for prosecutors and judges to grant large amounts of bail in a New York theft case.

A person would want their attorney in advance to get the steps ready to prepare to post bail or challenge that bail request by the DA.

Securing Evidence

If there is evidence that needs to be secured immediately, a person that needs to be spoken with, and access to accounts that must be shut off at some point, an individual must not hesitate before consulting with an attorney. An individual must preserve evidence and make sure contacts are developed. Leads and evidence must be pursued immediately. Such elements will affect the amount of bail a judge will set in a New York City theft case.

Otherwise, an individual may lose the opportunity to properly defend themselves. Even a video may be gone in a week or a month. This evidence must be preserved. The longer someone waits, the more they are compromising their defense.

Surety Hearing

The DA's office may then request a "surety hearing" when there is financial fraud involved. This is because the DA's office does not want anyone to use $50,000 of stolen or ill-gotten gain for $50,000 of bail. Someone may need to pay bail in a New York theft case, such as a close family member or a friend who has property to say, "The bail that we are posting is legitimate from a legitimate source." The money used cannot be part of the proceeds from the theft or crime.

When presenting that to a DA, an individual may have to have a hearing separate or apart before the person gets out on whether the money is coming from a legitimate source. It must also be determined whether there was a legitimate relationship tie between the person and the other party. An attorney can facilitate an individual’s release if they have experience with these types of hearings, the District Attorney’s Office, and fraud and theft crimes.

Severity of the Charge

The magnitude of potential incarceration on such a case can be staggering and terrifying. Almost any amount of theft can land a person in jail or prison with significant bail.

Even though the law may not differentiate $62,000 from $800,000, for example, it is the same Second Degree Grand Larceny level of crime. The reality is prosecutors and judges are more likely to hit an individual harder with incarceration the more that amount increases, or the more times the person committed the crime. A court will determine if, for example, an individual stole $6,000 once, or took $250 or $500 over a few different times. This will influence both the penalties and bail in a New York City theft case.

A second, third, or subsequent offense is much worse than a one-time fraud. The individual must have their case prepared, with the assistance of an experienced lawyer, before heading into the courtroom so they can strive for the best outcome possible.

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