• Skip to main content
  • Skip to primary sidebar
  • My Social Media
  • About
    • About Mark Draughn
    • Testimonials
    • Other Authors
      • About Gary Olson
      • About Ken Gibson
      • About Joel Rosenberg
    • Disclosures
    • Terms and Conditions

Windypundit

Classical liberalism, criminal laws, the war on drugs, economics, free speech, technology, photography, sex work, cats, and whatever else comes to mind.

New Yorkers Get Charitable Bail Funds

July 26, 2012 By Mark Draughn Leave a Comment

Over at Indefensible, criminal defense lawyer (and TV producer) David Feige writes:

Finally, after almost three years of work, the New York State Legislature has passed our bill allowing charitable bail funds.  This is a big step toward alleviating one of the more tragic consequences of poverty in the criminal justice system–being forced to plead guilty because you can’t afford bail.

As the Wall Street Journal explains:

New York has enacted a new law authorizing charities to post bail of up to $2,000 for those charged with misdemeanors and unable to come up with the money.

Actually, I think David Feige and WSJ are both burying the bigger story. A better lede would have been, “Up until now, New York has demonstrated inexplicable cruelty by preventing charities from posting bail for people accused of crimes.”

Still, this is a good thing. Too many poor people accused of relatively trivial crimes spend months in jail awaiting trial because they cannot afford bail of $1000 or even $500. Then they take the first plea offer that gets them out of jail, not because they think it’s fair, but because they simply want to get out of the cage.

Maybe I’m naive, but I don’t really understand why we have such strict bond requirements for minor crimes. If somebody is accused of committing a crime that everybody knows won’t draw jail time and they have no history, why not release them on their own recognizance and see what happens? If they show up for their next court date, great, now they’ve established a history of making court dates, so there’s even less need for bail in the future. And if they don’t show up, well, they probably wouldn’t have gone to jail anyway, so it’s not a big loss, and now you know to hold them on a bond the next time.

From the WSJ article:

The measure, which Gov. Andrew Cuomo signed Wednesday, will take effect in 90 days. He called it “unacceptable” for defendants to have to spend jail time for low-level crimes they may not have committed because they can’t meet the bail requirement.

Wait a minute. Maybe a better lede for this story would have been, “New York Governor and state legislature shake down charities by throwing people in jail to await trial for minor crimes.” After all, if it’s unacceptable for defendants to have to post bail in these situations, isn’t that the fault of the legislature in the first place?

Share This Post

Filed Under: Crime and Punishment

Reader Interactions

Leave a ReplyCancel reply

Primary Sidebar

Search

Recent Posts

  • GOA on Trump
  • Yes, It’s a Bribe
  • Talking to my fellow libertarians about DOGE
  • Late night thoughts on the current crisis
  • Joining The Cult
  • Trump’s dumb attempt to define sex
  • Some advice for my transgender readers in the new year
  • Decoding Economics: Happiness and Taste

Where else to find me

  • Twitter
  • Post
  • Mastodon

Follow

  • X
  • Mastodon

Bloggy Goodness

  • Agitator
  • DrugWar Rant
  • Duly Noted
  • Dynamist
  • Hit & Run
  • Honest Courtesan
  • Nobody's Business
  • Popehat
  • Ravings of a Feral Genius

Blawgs

  • a Public Defender
  • appellatesquawk
  • Blonde Justice
  • Chasing Truth. Catching Hell.
  • Crime & Federalism
  • Crime and Consequences Blog
  • Criminal Defense
  • CrimLaw
  • D.A. Confidential
  • Defending Dandelions
  • Defending People
  • DUI Blog
  • ECIL Crime
  • Gamso For the Defense
  • Graham Lawyer Blog
  • Hercules and the Umpire
  • Indefensible
  • Koehler Law Blog
  • Legal Satyricon
  • New York Personal Injury Law Blog
  • Norm Pattis
  • not for the monosyllabic
  • Not Guilty
  • Probable Cause
  • Seeking Justice
  • Simple Justice
  • Tempe Criminal Defense
  • The Clements Firm
  • The Trial Warrior Blog
  • The Volokh Conspiracy
  • Underdog Blog
  • Unwashed Advocate
  • West Virginia Criminal Law Blog

Bloggers

  • Booker Rising
  • Eric Zorn
  • ExCop-LawStudent
  • InstaPundit
  • Last One Speaks
  • Leslie's Omnibus
  • Marathon Pundit
  • Miss Manners
  • Preaching to the Choir
  • Roger Ebert's Journal
  • Speakeasy Blog
  • SWOP Chicago

Geek Stuff

  • Charlie's Diary
  • Google Blogoscoped
  • Schneier on Security
  • The Altruist
  • The Ancient Gaming Noob
  • The Daily WTF
  • xkcd

Resources

  • CIA World Factbook
  • Current Impact Risks
  • EFF: Bloggers
  • Institute for Justice
  • Jennifer Abel
  • StrategyPage
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • Wikipedia
  • WolframAlpha

Gone But Not Forgotten

  • Peter McWilliams

Copyright © 2025 Mark Draughn · Magazine Pro On Genesis Framework · WordPress

Go to mobile version