“I made bail and now the prosecutor is trying to keep me in custody anyway. Is there anyway this is legal?”

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Even following a successful bail application, a prosecutor intending to keep the accused in custody  may, under New York’s CPL 520.30, challenge the proposed obligors, suretors, and assets by which defense counsel hopes to satisfy conditions of release.  The Defense must be prepared to establish the legality of financial resources and the personal qualities of individuals will be used to meet bail conditions. Specifically, each obligor must swear to basic biographical facts in an affidavit which is outlined in CPL 520.20(2).

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Criminal Defense Attorneys should advise obligors, the person securing bail, of this requirement and carefully analyze the representations in the affidavit. If counsel fails to do so, it could lead to a potentially disastrous surprise, where the prosecutor challenges the obligors under CPL 520.30(1).

Therefore, to answer your question, indeed, there is a situation where you may remain in bail even after bail is posted.

Please be advised, this is not legal advice. For a free consultation, contact a criminal attorney buffalo ny or criminal lawyer buffalo ny today.

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