Legal Question in Criminal Law in New York

My husband was charged with grand larceny (NON Drug and NON violent) he had a public defender. the bail was set at $20,000 72 hour surety. I secured bail through a bailbonds and when they went to post it the writ would not allow a bailbonds insurance company bond,My husband is 45 had 5 arteries bypassed and several stents, he also has a titanium rod and pins where he needs surgery one of the pins are pushing out. He did not have his meds for 3 days, I called the inmate health hotline gave his info and found out he had been transferred to bellvue. I was told the judge was very difficult. I told his attorney to have the judge change the writ.(she would not) I took 2 days off from work already and need to go back on monday. We have 2 children 7 and 8 1/2 they are asking for him everyday. would a private attorney be able to do anything with have the bail that is secured accepted the way it is? the public defender does not seem to know what he is doing. I was told by 2 bailbonds that this judge will not change the writ most likely. The publeic defender told me it would take to weeks after he files a habeus corpeus which he was advised to do by the bailbonds in house attorney. does this take 2 weeks is there any other alternative? I need him home he is not in good health and the public defender said it was a weak case. the judge is unjust and has convicted him before trial. He is not a flight risk. He has a past record from years ago. would a private attorney be able to get him out asap using the bail secured and get the writ changed quickly? could they get a bail hearing in front of another more fair judge?

We rent a home and have no one that can help us. I gave my pay stubs and w2 for the surety. why would a judge not except bail in this way? his next court date is not until september.


Asked on 8/07/10, 8:47 pm

3 Answers from Attorneys
peter bark bark & karpf

I am not sure what the problem is. Was bail set as cash only or is the judge rejecting a particular insurance company or is the source of the security in question. I need more information.

Read more
Answered on 8/13/10, 8:27 am
Stuart Austin Austin Law Associates, PC

The first thing you need to do is advance his court date. Whether a private atty or public defender handles the case an incarcerated defendant should never be incarcerated for a month between court dates. A bail writ or other proceeding would be able to be brought to a different judge. Who would then review the bail amount and bondsman. That is the benefit of a bail review. Please feel free to call if you have any further questions

Read more
Answered on 8/13/10, 10:08 am
Joel Salinger Law Office of Joel R. Salinger

In the case of bail, the judge has extreme discretion over how and where the bail can come from. Your husband's attorney can request a hearing in many cases. I will state that it probably does not matter whether your husband has a legal aid attorney or a private attorney. That being said, a private attorney will be able to devote more time to the case than a legal aid attorney. Advancing the case is a good idea if you think the judge will give new consideration to the situation. If the judge is not going to change his mind, advancing the case will only make your husband's situation in a harder position.

My opinion is you need an experienced criminal attorney who can devote the time that the case obviously needs.

If you would like to discuss this matter further, you can contact me directly at 516-746-4747 or [email protected]. You can contact an attorney in your area as well.

Joel R. Salinger

Read more
Answered on 8/15/10, 8:41 pm


Related Questions & Answers

More Criminal Law questions and answers in New York