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January 2, 2010

Bail In Yonkers Criminal Court On Felony Cases

By Michael H. Joseph

As a Westchester criminal defense lawyer who handles yonkers criminal cases, I have noticed that some of the local Westchester criminal courts, especially Yonkers have been refusing to set bail on felony cases.

The result is that many people who are arrested on felony charges have to sit in jail until their lawyers can get them produced in the Westchester Superior Court. Many criminal defense lawyers who don’t regularly practice in Westchester have been unfamiliar with these new procedures.

On average it takes a day or two to have someone who is in remand status, (incarcerated without bail) on a felony transferred to the Westchester Superior Court. These cases can be transferred by making a phone call to the criminal clerk, who upon an oral request will put the case on for a bail hearing before the Westchester Superior Court.

It is imperative that Westchester criminal attorneys, call the Superior Court the same day if their clients are held without bail in Yonkers or another local criminal court. Otherwise the clients will spend time in jail for no reason.

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