Right now as prosecutors fearmonger to gut NY bail reform & allow judges to predict dangerousness, I sit w/ a parentless teenager, charged w a violent felony, released since August. No new arrests. Hed be jailed on Rikers if they had their way. Reject fear.
Just 10 minutes ago, I represented a 62 y/o man w/ significant physical ailments, falsely accused of robbery. Under new bail reform, a judge thankfully had no discretion to jail him on bail. He was released, able to get his medication, in court this morning supported by family,
20 minutes ago I represented a man charged w/ a non-violent felony. New bail reform in NY prevented a judge from jailing him for his poverty. He contacted me first thing this morning to ensure *I’d be there.* He was in court, on time. His case is now scheduled for dismissal.
Just now, another young client charged with a violent felony. Released. Kept his job in security. Never before arrested, but if prosecutors & police had their way, & dangerousness was added as consideration for judges, he’d likely be remanded to Rikers. Reject their fear.
This morning, I met w/ a man charged w/ a misdemeanor. In need of housing, family, & mental health services. Fortunately he was released in July 2019. Back to court 6x since. Now connected w/ social worker. Working with housing & family attorneys from my office. Instead of jail.
Just now: I met another young man charged w/ violent felony. Released. Back to court 14x over last 13 months. Working. Never missed a court date. Never rearrested. Negotiating an alternative to incarceration plea. Hed be in jail if NY judges were allowed to predict dangerousness.
Last case this morning: young man wasn't as fortunate. Incarcerated for last 17 months on $100,000 bail. Profound intellectual disabilities. He knows he's likely going to prison. Just wants to be with his family for a few months beforehand. His father in the audience. Head down.
Note: NY bail reform still allow judges to set bail on those charged w/ violent felonies. In all of the cases mentioned above w/ violent felony charges, however, judges in Brooklyn decided to release *before* bail laws went into effect & now we know they made the right decision.
Point is: NY prosecutors, police, lawmakers, & sensationalist media are crying "MAYHEM" over a law that just prevents judges from jailing people charged w/ misdemeanors & nonviolent felonies. But releasing even those charged w/ violent felonies doesn't lead to what they claim.
