Bail Jumping in the Third Degree

If you are charged with bail jumping in the third degree, a class A misdemeanor under Penal Law Section 215.55, then contact an experienced criminal defense attorney at Greco Neyland, PC. Find out what you need to do to protect yourself from these serious charges.

Prosecutors often used bail jumping charges as leverage to get a plea even if the person is innocent of the underlying charge. You need an attorney experienced in fighting these types of charges in Manhattan and throughout New York City to work for an extraordinary outcome in your case. 

Call (212) 951-1300 to discuss your case today.

Elements of 3rd Degree Jumping Bail Crimes in New York

Under New York law, a person is guilty of Bail Jumping in the Third Degree when by court order he or she has been released from custody or allowed to remain at liberty, either upon bail or upon his or her own recognizance, upon condition that he or she will subsequently appear personally in connection with a criminal action or proceeding, and when he or she does not appear personally on the required date or voluntarily within thirty days thereafter.

To find the defendant guilty of jumping bail, the prosecutor is required to prove the following elements beyond a reasonable doubt:

1. That the defendant was, by court order, released from custody or allowed to remain at liberty upon bail or upon his own recognizance upon condition that he would subsequently appear personally on a certain date in a certain county in connection with a criminal action or proceeding; and 
2. That the defendant did not appear personally on the required date or voluntarily within thirty days thereafter.

Affirmative Defenses to Bail Jumping

New York law provides for certain affirmative defenses to bail jumping including:

1. The defendant’s failure to appear on the required date or within thirty days thereafter was unavoidable and due to circumstances beyond his control; and 
2. During the period extending from the expiration of the thirty day period to the commencement of this action on a specific date; 

(a) the defendant appeared voluntarily as soon as he was able to do so; or
(b) the defendant’s failure to appear was unavoidable and due to circumstances beyond his control.

Additional Resources

Standard Jury Instructions for Bail Jumping in the Third Degree – Visit the website of the New York State Unified Court System to find the standard jury instructions for crimes related to bail jumping and failing to appear in court.

Finding an Attorney for Third Degree Bail Jumping in Manhattan

If you were charged with bail jumping in the third degree, a class A misdemeanor, then contact an experienced criminal defense attorney at Greco Neyland, PC. We represent clients with an outstanding arrest warrant charged with felony and misdemeanor offenses in Manhattan and New York City. 

This article was last updated on Friday, May 28, 2016.