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New York Bail Jumping

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What Is Considered Bail Jumping?

In New York, Bail Jumping occurs when a defendant fails to appear in court after being released on bail, violating the conditions set by the court. It is considered a serious offense and can be classified as a misdemeanor or a felony under New York Penal Law. For instance, while Bail Jumping in the Third Degree is a misdemeanor, Bail Jumping in the Second Degree is a Class E felony.

The more serious charge is typically applied when the defendant skips a scheduled appearance in connection with a felony charge or a felony arrest. It’s important to note that if you missed court due to an emergency or a misunderstanding, it may be possible to avoid criminal charges with the right legal guidance.

Even if bail was set for a non-felony offense, failing to appear for a scheduled hearing can still result in a Bail Jumping charge. The penalties can include significant fines, additional jail time, and complications with future legal proceedings, potentially leading to the revocation of bail and detention in custody until trial.

Different Types of New York Bail Jumping Charges

Under New York Law, failure to appear for a court appearance on your criminal case can result in additional criminal charges against you. These charges are called New York Bail Jumping. Under New York Law, there are three different degrees of Bail Jumping. Specifically, they are:

The difference between these charges depends on the underlying charge that the individual failed to appear in court on. Importantly, although the charge is called “Bail Jumping,” it applies to all situations of pre-trial release, such as:

  • Release on recognizance,
  • Pre-trial supervision;
  • Cash Bond;
  • Bail bond.

New York Bail Jumping in the Third Degree

The New York Bail Jumping in the Third Degree charge is codified in New York Penal Law Section 215.55. Under New York Penal Law Section 215.55, a person is guilty of Bail Jumping in the Third Degree, when:

  1. By court order, he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance,
  2. Upon condition that he will subsequently appear personally in connection with a criminal action or proceeding, AND
  3. When he does not appear personally on the required date or voluntarily within thirty days thereafter.

Sentencing and Penalties for Bail Jumping in the Third Degree

Bail Jumping in the Third Degree is a Class “A” misdemeanor. As such, this charge is punishable by:

  • Up to one year in jail,
  • Probation,
  • Conditional Discharge (with the sentencing court determining what the conditions are – such as community service),
  • Unconditional Discharge (no conditions imposed by the sentencing court),
  • Time Served (even if the time served is minimal, like a few hours).

New York Bail Jumping in the Second Degree

New York Bail Jumping in the Second Degree charge is codified in New York Penal Law Section 215.56. Under Penal Law Section 215.56, a person is guilty of Bail Jumping in the Second Degree when:

  1. By court order, he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance,
  2. Upon condition that he will subsequently appear personally in connection with a charge against him of committing a felony, AND
  3. When he does not appear personally on the required date or voluntarily within thirty days thereafter.

This charge is different from Bail Jumping in the Third Degree in that Bail Jumping in the Second Degree requires that the offense on which the individual does not appear in court is a felony. New York Bail Jumping in the Third Degree applies to all cases, not just felonies.

Penalties and Sentencing for Bail Jumping in the Second Degree

Bail Jumping in the Second Degree is a Class “E” felony. As such, this charge is punishable by:

  • Indeterminate sentence up to 1 1/3 to 4 years in prison;
  • A determinate sentence of up to 1 year in prison;
  • A split sentence (up to 6 months jail, rest of the time on probation);
  • Probation;
  • Conditional discharge (with conditions set by the court);
  • Unconditional discharge (no conditions set by the court).

New York Bail Jumping in the First Degree

The most serious of these charges is Bail Jumping in the First Degree. This charge is codified in New York Penal Law Section 215.57. Under New York Penal Law Section 215.57, a person is guilty of Bail Jumping in the First Degree when:

  1. By court order, he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance,
  2. Upon condition that he will subsequently appear personally in connection with an indictment pending against him which charges him with the commission of a class A or class B felony, AND
  3. When he does not appear personally on the required date or voluntarily within thirty days thereafter.

Unlike the other bail jumping charges, New York Bail Jumping in the First Degree only applies to missed court appearances for Class “A” or Class “B” Felonies.

Penalties and Sentencing for New York Bail Jumping in the First Degree

Under New York Penal Law, Bail jumping in the First Degree is a Class “D” felony. As such, this charge is punishable by:

  • Up to 2 1/3 to 7 years in prison;
  • A determinate sentence of 1 year or less;
  • A split sentence (up to 6 months jail, rest of the time on probation);
  • Probation.

Frequently Asked Questions About New York Bail Jumping

What Do I Do if I Missed My Court Date?

If you missed your court date, you should contact your attorney immediately to find out if the Judge ordered a bench warrant or stayed a bench warrant. If a bench warrant was ordered, you need to come to court as soon as possible in order to get your case back on the calendar. In the event your bench warrant was stayed, your attorney would be able to give you a new court date.

You can also check to see if you have a new court date by going to Webcrims. If you cannot find your case by name and/or your docket or indictment number, most likely a bench warrant has been ordered. You need to make arrangements to come back to court, no later than 30 days from the missed court date to avoid getting charged with New York Bail Jumping.

Will My Sentence for Bail Jumping Be Consecutive or Concurrent to the Underlying Charge?

There is no legal requirement that mandates that the sentence for New York Bail Jumping be imposed consecutively to the sentence on the underlying charge. However, typically the District Attorney will ask that the two sentences run consecutively, meaning one after another.

How Can an Attorney Help with a New York Bail Jumping Charge?

Facing a Bail Jumping charge in New York can complicate your legal situation, but an experienced criminal defense attorney can help minimize the impact. A knowledgeable attorney can investigate the circumstances surrounding your missed court date, identify any legitimate reasons for your failure to appear, and work with the court to resolve the matter.

An attorney can file a motion to reinstate your bail or help you secure a new, more favorable bond. If you have a valid defense, such as an emergency or an unintentional oversight, an attorney can present this in court to reduce the likelihood of severe penalties. Additionally, an experienced lawyer can negotiate with the prosecution to reduce charges or secure a more lenient sentence, potentially avoiding additional jail time or financial penalties.

Having a legal advocate on your side ensures that your rights are protected and that you have the best possible chance of avoiding the severe consequences of a Bail Jumping conviction.

Contact Skilled Bail Jumping Attorneys

If you or your loved one have been charged with New York Bail Jumping, you need a Top Rated New York Bail Jumping Attorney. Please contact us today to schedule your appointment.