New York Bail Guide
by Farina M. Barth, Sean Rheinheimer
Forthcoming August 2025
Tags: Clinical/Externships, Criminal Law, Criminal Procedure, New York
ISBN 978-1-5310-3343-9
eISBN 978-1-5310-3344-6
New York Bail Guide offers a thorough and practical exploration of New York's bail laws under Criminal Procedure Law Article 510, providing clear insights into the statute's application and impact. With New York's shift from a primarily in-custody system to a presumptively out-of-custody approach, understanding bail provisions is critical. The law now mandates release on recognizance unless a statutory exception applies, and there are many exceptions.
This book compiles all New York bail rules under Article 510, providing a comprehensive chart of every offense in the state and identifying whether it qualifies for bail. It includes statutory interpretation, relevant case law, and a structured framework for assessing bail eligibility.
The chapters are divided into three key sections: general provisions that may convert a non-qualifying offense into a qualifying one; the qualifying offense chart, listing every Penal Law offense with its bail eligibility status, supplemented by direct statutory references; and finally, a compilation of all relevant New York case law on bail.
In an era of evolving criminal justice policies, this resource supports legal clarity and procedural integrity in bail adjudication. It aims to provide readers with an accessible, authoritative guide to navigating the complexities of CPL ยง 510.10.