Cash-only bail challenged in court

ALBANY -- A defense lawyer urged New York's top court to require that judges set at least two forms of bail, which can include cash, various bonds or a credit card, arguing that state law requires it.

Attorney Marika Meis told the Court of Appeals that the purpose of bail is to ensure defendants return to court, and cash-only bail is the most difficult for indigent defendants.

She represented Shaun McManus, who was arrested on new misdemeanor charges in March 2009 while facing a felony arson charge in the Bronx. The judge set "cash only" bail at $20,000, which McManus was unable to post.

"Cash-only bail is the most onerous form," Meis said in arguments before the court on Tuesday. "It is a minority of judges who set bail at cash only but it is still a common practice."

Assistant Bronx District Attorney Stanley Kaplan, agreeing with lower courts, said judges have the discretion to require cash. "These statutes should be read permissively in different scenarios," he said.

Kaplan said the issue comes up infrequently, only twice that he could recall in the past 15 years.

Judge Eugene Pigott Jr. said it was new to him. He said bonds usually require the defendant to put up 10 percent of the bail amount and noted the downside for defendants who can't come up with required cash. "If they can't make it, you're effectively denying them bail. That's what you don't want to do," he said.

Meis said judges have the discretion to set bail and a different bond amount, as long as there are two forms, and acknowledged they can deny bail altogether.

New York's criminal procedure law says: "A court may designate the amount of the bail without designating the form or forms in which it may be posted."