A third iteration of changes to the bail and discovery statutes are not transformative but do present a mixed bag for prosecutors and defense counsel.
The Author Barry Kamins is a partner at Aidala, Bertani & Kamins and author of New York Search and Seizure (Lexis/Nexis 2022), is a former New York Supreme Court Judge. This article concerning Bail and Discovery Reform that was signed into law on May 9, 2022 appeared in NY Law Journal on June 7, 2022. In the area of pretrial services and bail, the law expands the number of bail eligible offenses, adds new factors that judges must consider when setting bail, adds a mental health assessment as a non-monetary condition of release, and adds three circumstances in which a desk appearance ticket can be denied to a defendant. All of these will affect pretrial initiatives.
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