Bail is Busted: How Jail Really Works

Thousands of New Yorkers are stuck behind bars because they're too broke to get out

The law sets out a number of factors that may be considered when determining if someone is a flight risk: character and reputation; employment; ties to the community; criminal record; whether there are prior missed court appearances; the strength of the evidence; and how serious the sentence might be in a finding of guilt.

Perhaps citing some of these factors to support their arguments, the prosecutor and the defense attorney each make a suggestion to the judge. Sometimes other factors creep in, too. Last month, prosecutors asked for bail for defendants because they hadn't submitted to the NYPD's optional iris scans.

After hearing from both sides, the judge schedules the next appearance and announces whether bail will be set. The judge isn't required to explain his or her reasoning, and most don't.

Moira Meltzer-Cohen is part of the team planning protest actions 
to call attention to the need for bail reform.
C.S. Muncy
Moira Meltzer-Cohen is part of the team planning protest actions to call attention to the need for bail reform.

Nestled in a warren of offices on Duane Street, across Foley Square from the city's courts, is the untidy desk of Jerome McElroy, the director of the Criminal Justice Agency.

McElroy is avuncular and unbelievably talkative—his wall bears a fake diploma his daughters made for him that is issued by the "University of Loquacity." And McElroy has a lot to talk about: His organization is sitting on the most massive, comprehensive database of criminal-justice statistics you've never heard of, and the picture that data paints isn't pretty.

Getting good information from the criminal-justice system isn't always easy. The NYPD is notorious for its opacity, for stalling Freedom of Information requests, and for finessing its own statistics. But if you want a vivid picture of what happens to New Yorkers after they're arrested, just ask McElroy.

For 35 years, the CJA has held a city contract to screen every single person being held for criminal arraignment in New York City, interview them, and make a recommendation to the court about setting bail.

That means the CJA has information on every single one of the 300,000 arraignments made in criminal court each year, data all the more valuable because the agency also tracks those cases through the system to their final disposition.

Here are some of the things the data from 2010 show: Eighty-four percent of criminal defendants were male; 43 percent had full-time employment or were in school full-time; half of them were black; and another third were Hispanic.

At arraignment, about half of the cases are disposed of. In those cases, more than half of the defendants pleaded guilty, with most of the rest either being dismissed or getting an adjournment in contemplation of dismissal, in which the case goes away as long as the defendant stays out of trouble for a set period of time.

In the cases that aren't resolved at arraignment, a tiny handful of defendants deemed especially risky are remanded without bail. Two-thirds of defendants are released on their own recognizance with no bail set while they await their next hearing. And the remaining third have some bail set. The percentage of cases in which bail is set is small, but what it adds up to is this: In 2010, more than 8,000 people had bail set at $1,000 or less and stayed in jail for the days or weeks until their case was resolved simply because they didn't have the money to get out.

Also, the data show that being stuck in a cell has a statistically significant effect on the outcome of your case. A CJA analysis found that 51 percent of those released at arraignment on non-felony charges were ultimately convicted. For those who stayed in jail as their case proceeded, the conviction rate shot up to 78 percent. Those who stayed in jail all the way until their cases were resolved were convicted 92 percent of the time.

"It's like a law of physics," says David Feige, author of Indefensible: One Lawyer's Journey Into the Inferno of American Justice. "A person incarcerated tends to stay incarcerated. A person at liberty tends to stay at liberty. When you're out, you're negotiating from a position of power; you're much less likely to take a plea that puts you back in jail. When you're in, it's just the opposite."

Keeping people in jail before their trials isn't cheap. When Human Rights Watch investigated the use of bail several years ago, it found there were 16,649 non-felony defendants in jail because they couldn't post a bail of $1,000 or less. With an average stay of 15.7 days and a daily cost of $161, the investigators calculated that those detentions cost taxpayers more than $42 million.

There's one statistic the CJA doesn't capture because there's no record of it anywhere: how often prosecutors threaten bail but it isn't set because a defendant opts instead to take a plea. What we do know, though, is that the overwhelming majority of convictions in misdemeanor cases—99.6 percent—come not because the defendant was found guilty at trial but rather because they pleaded guilty.

"Bail is the tool that gets those results," Feige says. "It's not the legal purpose of bail, but to put it in pharmaceutical terms, it's an off-label use."

If the bail regime is against New York law, unjustifiably expensive, and patently unfair, why does it persist?

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92 comments
tedsmith575
tedsmith575

Thank you for all the information about jail and bail bonds. It is true that many are stuck in jail because they cannot pay bail. I have a friend who was arrested for a petty thing like DiGioia in the article. However, he couldn't get out of jail because he didn't have enough money to pay bail. Hopefully the government will be able to sort this issue out so that it is fair for everyone.
http://www.ohiobailbonds.com/cleveland.html

TaharaWilliams
TaharaWilliams

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caaseyboostjones
caaseyboostjones

I am glad she was able to post bail.  It can be frustrating when you are imprisoned for something as ridiculous as she was imprisoned for.  I wonder how much she had to pay in interest for her bail bond.  I've never had to get one before and they always interest me.

http://www.americabonding.net 

Jb411207
Jb411207

Greetings from Texas. So, in addition to ignoring the 2nd Amendment NYC ignores the 8th Amendment. Kelly is standartenfuhrer of a fascist city state. Bloomberg is fuhrer. F NY.

Les Legato
Les Legato

Empty the jails and send all the "alleged" criminals to the VV offices. If there isn't enough room let them squat in Williamsburg!

acpkingstaff
acpkingstaff

ok heres another great necessary article The Village Voice Should Look into and Publicize Conditions On Rikers Island!!! There Is Suspicion That Riker's Island causes Cancer!!!! It Is Built on a Landfill!!Inmates who serve any Length of time on this God ForSakin Island Beware!!!Look at The Rates of cancer On Correction Officers who Have Worked all thir Lives on that landfill How many Inmates Have been Exposed also .This Is the Biggest Secret New York wants to Hide Investigate it Now!!!!!

SNAKESRULE
SNAKESRULE

tough shit losers...don't break the law, don't go to jail.

Kevin
Kevin

duh, if you have money you have privilege, welcome to the real world.

 << Work at home, $35/h, link
<< Work at home, $35/h, link

Know thyself, said the old philosopher, improve thyself, saith the new. Our great object in time is not to waste our passions and gifts on the things external that we must leave behind, but that we cultivate within us all that we can carry into the et

Die
Die

I have blue hair that was popular in 1982, and I identify with the oppressed man, wow, yeah, the vilage voice and "downtown scene" baby yeah it's so awesome people who can't use their brain at all they make such awesome music the way they can't play an instrument or do anything else yeah man the downtown scene blue hair baby yeay

hermadite
hermadite

Feeling sorry for a few small potatoes trapped by our injustice system doesn't deserve much attention. Rather, let's elevate our sights on a larger picture, namely the National Debt. It's now in the trillions, and will get worse before it gets better. Therefore, why doesn't President Obama release all 2.2 million incarcerated prisoners and give them seven days in wish to be adopted by an American family, or put to sleep. Why? Because it costs our government $60,000 a year to house, feed, guard, entertain and rehabilitate each convict. Once the cells are empty, they can be used to hold the homeless. But this is common sense, something we lost about five decades ago.

Marcy
Marcy

Easy solution for all the people crying out for these poor people who can't manage to go through life without being repeatedly arrested, make bail for them.

That's right, sell the Volvo, cash in the kid's college fund, sell the summer home and go down to court with a briefcase of $100 bills and start making bail for every one of these poor neglected folks who can't make bail and would rather plead out than waste away in jail.

Do it. Then find 10 friends and have them sell their stuff and do the same.

All those nice people you bail out will thank you and you'll get your money back when they show up in court, which they will because they are nice responsible people who just happen to be poor because, well for some reason that surely isn't their fault.

But start with the Volvo. You can sell that this weekend and start bailing out people Monday morning.

Id Rather Not Say
Id Rather Not Say

The Village Voice is a horrible lefty slimeball rag...but even a stopped clock is right twice a day. As a long-time NY investigator, I can confirm the accuracy of most of this article.

Ray Kelly as Mayor would make things even worse.

ageofknowledge
ageofknowledge

This is a good article. We have a serious problem with both not executing the worst of the worst and having way too many petty laws with large fees associated with them. Also, on petty matters there should be a better method of having them expunged for people who only violated one time after say three years.

Here's a good article that talks about this further: http://www.economist.com/node/...

acpkingstaff
acpkingstaff

Rikers Island is built on a landfill. Correction Officers who Work there Die at Higher rates of Cancer Inmates especially the poor who cant afford $1000 bails lay up on this God forsaken island They Must Plead Guilty Just to Get Off This Cancer Causing Hell Please investigate this Tragedy New York is trying to Hide

acpkingstaff
acpkingstaff

Rikers Island is a Health Threat To all Who Are Subjected Correction officers as well as Inmates This is the Biggest Secret The Government in New York City is Hiding Please expose and Investigate this Tragedy

acpkingstaff
acpkingstaff

ok heres another great necessary article The Village Voice Should Look into and Publicize Conditions On Rikers Island!!! There Is Suspicion That Riker's Island causes Cancer!!!! It Is Built on a Landfill!!Inmates who serve any Length of time on this God ForSakin Island Beware!!!Look at The Rates of cancer On Correction Officers who Have Worked all thir Lives on that landfill How many Inmates Have been Exposed also .This Is the Biggest Secret New York wants to Hide Investigate it Now!!!!!

Gengie33
Gengie33

"Keep it real stupid and not get involved in social policy". Sounds like sweet music to the ears of the NWO. !st of all, a limousine liberal does not ever go to jail. They write checks and go on globalist scum TV shows (Charlie Rose) and whine about the state of the world. This woman got arrested and educated herself on the abuses of the system. She felt enough empathy for her fellow human beings to have a life-changing experience. Stev and Jackoff on the other hand are sheeple waiting to be led to slaughter by a system that lets them think they are the chosen people. Stev wishes he had a trust fund and Jackoff made an account based on misspelling foreigner. You 2 will not be the first on the trains to the FEMA camps, but you will be on the list trust me. Just tell them you are a REAL AMERICAN when they come. I'm sure you will get bail. LOL

Stevart
Stevart

Miss DiJoy is a most likely a trust-fund brat who is piling up liberal creds by her supposed sexual harassment, arrest, and any other 15 min. famous gag she can think up. It's limousine liberals like her whose tax-the-rich policies have fostered the underclass through endless gov programs that hinder not help the poor. This chick is a complete fraud. At least Snooki has enough sense to keep it REAL stupid and not get involved with social policy. DiJoy should though be careful what she wishes for. She just might REALLY end up the creek without a trust fund paddle, then you'll see what this &^%$ is made of. It won't be pretty!

Jack Off The Foreignor
Jack Off The Foreignor

Jack the foreigner has jacked off in jail too many times. That's why he cant make his way around this article commenting system.

Jack Foreigner
Jack Foreigner

Seriously, that's your problem with her, the blue hair??

I wonder how you look.

Gunelle
Gunelle

You are incredibly arrogant. I'll respond the same to you as I did to "erik." It is always astounding to me when people make ignorant comments such as this. For someone to get into "trouble with the law" does not always mean they must have done something to merit it. People get arrested all the time for all kinds of reasons not necessarily having anything to do with any actual crime. It's called false accusation, abuse of power, being in the wrong place at the wrong time, etc etc etc. Happens all the time! That is why the very concept of innocent until proven guilty exists! Good for you that you never ended up arrested from being stopped and frisked. Doesn't mean it never happens to others, or that others don't get arrested even though having broken no law.

Paul Jones
Paul Jones

For the most part this article accurately explains how bail works in NYC criminal proceedings. There is little doubt that the granting of bail is not a science but rests firmly in discretion of the court. In my opinion you cannot evaluate the granting of bail on a system wide basis because it is always granted on a case by case basis.

The arrested OWS protesters, regardless of their origin, race, or religion, are more likely to be granted low bail or ROR than other arrestees. The protesters are entering the system not based upon allegations of criminal wrongdoing but because they engaged in acts of civil disobedience. OWS anticipated that their members might be arrested and planned for their legal representation and release on bail. Other members of OWS are in court to witnesses the proceedings and lend moral support to the jailed protester. The average person arrested, regardless of his or her color, does not have the luxury of romanticizing their arrest. They have not been detained, arrested and processed because of a political act of civil disobedience. The arrest and processing of the OWS protesters is totally dissimilar to the arrest of the average person, regardless of their economic status or race.

Emilio Lizardo
Emilio Lizardo

".. how would bail reform affect the guy who's being arraigned because he beat up his girlfriend last night, ..."

Let's instutionalize misandry. A good example of how the court system really goes out of its way to destroy men. Of course the poor girls in the holding cell get the sympathy when 90% of people in those cells are men.

Kylan Hurt
Kylan Hurt

The justice system is more a money-making system than an actual arbiter of justice. Of course most of the news media is scared to criticize the government for fear of retribution.

KalP
KalP

This is the land of equality. Just some people are more equal than others. Those who are less equal are the problem according to the right wing. They persist in working at poorly paid jobs and living in in unsuitable, overpriced tenements. It is those people who give this nation a bad name. Why can't they just mercilessly expoilt others as they are being exploited by the rich?

erik
erik

I know you are supposed to be presumed innocent until proven guilty but how many of these people are innocent?

A better idea is to just not do things that will get you arrested and avoid the whole mess altogether.

David Wachtel
David Wachtel

Can you please tell me how to get in touch with Bail Out New York if I'd like to support their efforts?

Azel Hill Beckner
Azel Hill Beckner

The bondsmen have a large influence in the political machine. They are the people who profit from the bonds system. Bond is a high interest loan for most people. Beyond the usory laws and any reasonable expectations.

MarkSimeone
MarkSimeone

Gloria DiGioia had an interesting time and reacted to it in an interesting way. I think for a few more years of her life, she'll continue to think everything isn't fair, is not just and needs to be changed and that she'll be the one to do that. I'm happy she was only in a NYPD situation in America. In other countries, she would of been even more outraged with her stay.

Speaking of stay. Stay out of trouble Gloria, the man is watching Y.O.U!

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Calwardjr
Calwardjr

The part of the article regarding the bail system is well written and informative, but the OWS angle only amplifies another lesson not learned from the Civil Rights Movement - the use of jail, even an oppressive jail system, as a tool for social justice. King and others sought to overwhelm jail capacity with choking numbers of activists unified by clear cause. The cause then acts as an umbrella inside the walls to unify all those incarcerated, instead of amplifying this haves-and-have-nots hierarchy even in jail.

A protester choose jail as an option at the appropriate time to be effective, even when behind bars. An effective protester turns the ordeal of jail into a badge of honor that encourages hundreds, thousands of others to follow him. Operating pointlessly without permits, etc. only leaves you open to be a sucker to the Law.

OWS has no such real dedicated numbers and no clear cause/strategy, which leads to the common scenario of Ms. DiGioia - a protester who employs street dancing as an unfocused expression of political outrage (?!); gets scooped up by cops for the legit permit violation; endures a legal procedure that is not connected to the political agenda in any real way; then tries to portray all this in the media as some Bold Action Against The Man(?!).

acpkingstaff
acpkingstaff

ok heres another great necessary article The Village Voice Should Look into and Publicize Conditions On Rikers Island!!! There Is Suspicion That Riker's Island causes Cancer!!!! It Is Built on a Landfill!!Inmates who serve any Length of time on this God ForSakin Island Beware!!!Look at The Rates of cancer On Correction Officers who Have Worked all thir Lives on that landfill How many Inmates Have been Exposed also .This Is the Biggest Secret New York wants to Hide Investigate it Now!!!!!

acpkingstaff
acpkingstaff

poor White Black Spanish Doesn't Matter You will lay up on Rikers Island and rot in jail for $500-$1000 bail and if you wanna get out in 1-3 months you have to plead guilty this is a crime more than the misdemeanor itself wake up Its only a matter of time the Scam is Exposed

acpkingstaff
acpkingstaff

so if you have absolutely no means of money homeless or marginalized you are a commodity for the prison industrial complex Class lawsuit in the making LITERALLY Enuff Said Peace DRESKI

acpkingstaff
acpkingstaff

poor White Black Spanish Doesn't Matter You will lay up on Rikers Island and rot in jail for $500-$1000 bail and if you wanna get out in 1-3 months you have to plead guilty this is a crime more than the misdemeanor itself wake up Its only a matter of time the Scam is Exposed

Spiegelscott
Spiegelscott

Your most damning critique of New York's bail system is that "being stuck in a cell has a statistically significant effect on the outcome of your case," such that not paying bail increases convictions rate. However, causality cannot be determined in this case, because there could be some third factor influencing both bail nonpayment and conviction rate. For example, defendant poverty could increase likelihood of committing a crime (and being convicted for it) *and* inability to pay bail, but that doesn't mean the sheer act of bail nonpayment hinders the defendant's chances of winning his case.

To make such a determination, a controlled experiment would have to be run (not likely to happen anytime soon) in which defendants charged with similar crimes and from similar backgrounds are randomly either held in jail or ordered to pay bail. Researchers would then be able to track whether bail nonpayment in itself increases conviction rates, perhaps through some of the mechanisms suggested in the article, such as increased feelings of powerlessness. In the meantime, researchers could at least try to control for defendant characteristics such as poverty in their analysis. In the meantime, there is no evidence that inability to pay bail in and of itself increases conviction rate.

StopNiggerViolence
StopNiggerViolence

Stop-and-firsk saves lives of innocent people. The reality is that blacks are far more prone to violent criminal activity than any other race of people. Anyone who's lived near them (including other blacks) knows this reality. This REALITY is also clearly reflected in crime statistics.

People are now sick and tired of nigger violence. The next nigger that even looks at my family members the wrong way is going to get my gun in its face. BLACK VIOLENCE NEEDS TO END NOW. ANYONE WHO HAS A PROBLEM WITH THAT CAN GO TO HELL.

Susan
Susan

An outstanding story by an outstading jounalist.

Sakara
Sakara

p.s. the article states: "Many activists have been arrested half a dozen times and spent many nights in lockup..."

so, it actually seems that MANY people/occupy protesters are in a swinging door to jail and freedom.

so much for no bail.

if you're a spoiled brat protesting against wall street you get a free pass---to 4ever protest, spend a couple days in lockup, get arrested, and do it again at least 6 times!

Sakara
Sakara

protesting against the evil rich wall street workers----but she has LOTS OF MONEY FOR A LAWYER AND BAIL.

typical leftie brat.

and who hires a dumb broad with blue hair?

guest
guest

I'll make it easy for you: Don't break the law and you won't have anything to worry about. The cops can stop and frisk you as much as they would like, but if you don't have anything illegal on you, they will let you go your merry way. I've been stopped and frisked over 15 times when I was younger and I never ever had a problem because I never had drugs or weapons on me.

Kitty
Kitty

In the immigrant communities of Chinatown, cops arrest Chinese people trying to make a living every hour of the day. People can't speak English and are locked up with no money for a fancy lawyer nor money for bail. It's a silent agony for immigrant Chinese who are scared with nobody to help them.

 
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