What is the average bail for a domestic violence charge in NYC?

January 18, 2021 9:15 AM

Specifically in the Bronx

My sister's friend has been reluctant to name her ex to the police. (She was forced to file a police report at the hospital due to her bruises, but refused to name her ex as the attacker). Her reasoning is that she says that the bail will probably be really low and he'll get out right away anyway. This guy doesn't have a lot of money so I doubt he'd be able to afford to pay bail. How much bail would he be likely to need to pay in order to be let go after she names him to police? Can we ask for a high bail so that he not be released? I don't know my sister's friend very well, but she seems like a very sweet person who doesn't deserve to be dealing with such horrible things.

posted by fantasticness to Law & Government (5 answers total)

In NY, with the new bail laws, your sister's friend is probably right. Bail reform in NY focused on the poor (natch) and that bail was not meant to keep them in jail, it was meant to make sure they return to court. Also, there are organizations that post bail for virtually anyone that needs it.
posted by AugustWest at 9:24 AM on January 18, 2021

From Domestic Violence Case Processing in New York City (pdf)

Judges in Manhattan and the Bronx were more likely than in other boroughs to set bail in domestic violence cases. Interestingly, judges in the Bronx are the least likely of any borough to set bail in other cases, indicating that the court response to domestic violence in particular is most distinctive in the Bronx. Within boroughs, bail-setting also significantly varied based on the specific identity of the judge.

* * *

When bail was set, 82% of domestic violence misdemeanors but only 22% of domestic violence felonies faced bail of $2,000 or less. In general, average bail was more than two times higher for domestic violence than non-domestic violence misdemeanors ($3,987 vs. $1,244, respectively). Bail was more comparable between domestic and non-domestic violence felonies ($21,526 vs. 25,082 respectively).

Unfortunately none of these may represent a high barrier and, as pointed out above, bail is to ensure a court appearance, not to keep people off the streets.
posted by slkinsey at 9:26 AM on January 18, 2021

Please ask your sister's friend to contact a domestic violence organization in her area. She can do so anonymously if she feels unsafe confiding in them. They are in the best position to advise her, and they are well versed in the particular practices of local judges and other law enforcement agencies. They may be able to offer her other helpful and pertinent advice so she can end this violent situation. Best wishes to her on taking her life back.
posted by citygirl at 9:49 AM on January 18, 2021 [17 favorites]

Does she have a restraining order yet? Because the police report will lend weight to it. Really encourage contacting of a domestic violence organization - and, especially if it's a recent ex, therapy. Or she may very well end up right back with him.
posted by stormyteal at 2:00 PM on January 18, 2021

She should contact Safe Horizon, which will talk her through her options and help her even if she doesn't press charges.
posted by praemunire at 5:54 PM on January 18, 2021 [1 favorite]