Criminal Justice

New York City could save by spending $1.4M to pay bail in some misdemeanor cases, lawmaker says

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Unable to afford bail, a number of low-income defendants plead guilty after being charged in New York City misdemeanor cases in order to get out of jail.

Meanwhile, the city is spending tens of millions of dollars annually to keep others behind bars on Rikers Island as they await trial, reports the Wall Street Journal (sub. req).

Melissa Mark-Viverito, who serves as speaker of the New York City Council, has a proposal that would help alleviate both problems: The Big Apple should should launch a $1.4 million program, funded by taxpayers, to cover the cost of bail for some misdemeanor defendants, she says.

Her proposed program is modeled on a non-profit, the Bronx Freedom Fund, which covers bail for about 150 people annually who are facing low-level charges. In its first year of operation, 98 percent appeared in court and more than half of their cases eventually were dismissed, a November study found.

Attorney David Feige created the fund and serves as chairman of its board. He says the data indicate some defendants who can’t make bail are taking pleas so they don’t have to stay in jail, even if they aren’t guilty.

“When you’re really, really poor and you actually don’t have anybody in your life who can post $500 bail, your choices are to plead and get out, or stay in jail and try to fight the case,” Feige told the newspaper. “So you just eat what is often an unjust conviction.”

Related coverage:

Village Voice (2012): “Bail is Busted: How Jail Really Works”

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