New York Bail Jumping Defense Lawyer
Bail jumping is a serious offense in New York, carrying significant legal consequences for individuals who fail to appear in court as required. At Dupée & Monroe, P.C., our Goshen criminal defense law firm is committed to defending the rights of those accused of crimes in Orange County and the Hudson Valley. As criminal defense lawyers, we are strongly committed to the principle that anyone accused of a crime has the right to legal representation and the right to defend themselves in court. Every accused is presumed innocent under the law, and the burden falls on the prosecution to prove otherwise. Meanwhile, we provide a vigorous defense for our clients and work diligently to achieve the best outcome in every case.
Below we explore the intricacies of bail jumping under New York Penal Code sections 215.55 through 215.57, providing essential information for anyone facing such charges. If you have been charged with bail jumping or other offenses in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C. to speak with an experienced and dedicated Goshen criminal defense attorney.
What Is Bail Jumping?
Bail jumping occurs when an individual, who has been released on bail pending a criminal proceeding, intentionally fails to appear in court on the specified date. This act is considered a separate offense from the original crime for which the person was charged. Even if the accused is never convicted of the original charged offense, they can still be charged and convicted of bail jumping. New York law categorizes bail jumping into three degrees, each with its own set of penalties:
1. Bail Jumping in the Third Degree (NY Penal Code § 215.55)
This is the least severe form of bail jumping and is charged when an individual fails to appear in court for a misdemeanor case. It is classified as a Class A misdemeanor, which can result in up to one year in jail and/or a fine.
2. Bail Jumping in the Second Degree (NY Penal Code § 215.56)
An individual is charged with bail jumping in the second degree when they fail to appear for a felony case. This is considered a Class E felony, carrying a potential sentence of up to four years in prison.
3. Bail Jumping in the First Degree (NY Penal Code § 215.57)
The most serious form of bail jumping, this charge is applied when an individual fails to appear in court for a felony case and has been previously convicted of a felony within the last five years. Bail jumping in the first degree is a Class D felony, with penalties including up to seven years in prison.
Defenses Against Bail Jumping Charges
At Dupée & Monroe, P.C., we understand that there may be valid reasons for failing to appear in court. Some potential defenses against bail-jumping charges include:
- Lack of Intent: Demonstrating that the failure to appear was not intentional but due to circumstances beyond the individual’s control, such as a medical emergency.
- Insufficient Notice: Arguing that the individual did not receive proper notice of the court date or that there was a misunderstanding regarding the schedule.
- Voluntary Surrender: If the individual voluntarily surrenders to the court or law enforcement within a reasonable time after the missed appearance, this can be a mitigating factor.
Help With Bail-Jumping Charges From Dedicated Hudson Valley Criminal Defense Lawyers
Facing charges of bail jumping can add complexity to an already challenging legal situation. It is crucial to have experienced legal representation to navigate the intricacies of the law and to develop a strong defense strategy. At Dupée & Monroe, P.C., our seasoned criminal defense attorneys are dedicated to protecting the rights of our clients and ensuring the best possible outcome in their cases.
If you or a loved one has been accused of bail jumping in Orange County or the Hudson Valley, call Dupée & Monroe, P.C. in Goshen at 845-294-8900 for immediate assistance. Our team is here to provide the guidance and advocacy you need during this critical time.
