Tuesday, March 29, 2022

Bail Reform and the "List"

CRIME:

 An unlawful act punishable by a state or other type of authority. 
That's great, we knew this. 

Bail:

Bail, in New York, is some sort of collateral, whether it is cash or a bond to make sure  a defendant is going to show up to Court.  The law has always been and continues to be that Courts are only supposed to require bail where there is some reason to believe a defendant is not going to show up to Court when instructed, like, has the means to flee or is violent.  Sometimes a Judge is unfamiliar with a certain defendant, so there is a list of criteria under the Criminal Procedure Law that a Judge can use to help determine whether the accused will show up.  But, again, the sole purpose of bail is to secure a defendant’s whether he shows up, when the Court directs them to be there.When bail is set, and a defendant cannot afford it, they are sent to the County Jail to await their next court appearance.  Depending on the charges or the Court, that can be weeks or months spent in jail – innocent. I'm assuming on depends where you live and how fast the courts move as well.

Innocent until proven guilty:

 Law enforcement officers do not arrest innocent people. Well, not on purpose anyway.  On the whole law enforcement officers do a terrific job with the information they have or the actions they observe.  But sometimes officers do not have all of the information, sometimes the information changes, sometimes the conduct does not fit the level of the crime, and sometimes officers make mistakes.  Law enforcement officers are human. For this reason the criminal justice system includes defense attorneys, prosecutors, and Judges.
Judges:

Judges are the people who decide whether or not to set bail.  Judges are elected officials and have a wide discretion in determining bail. They can set bail on any defendant accused of any crime in any amount they feel is appropriate.  A Judge is not required to take into account any specific criteria when setting bail, nor is a Judge required to consider the fact that it could be a finacial burden to the family of a defendant when determining bail.
Criminal Charges:

There are three types of criminal charges: violations (serious), misdemeanors (more serious), and felonies (most serious). Felonies are split up into 5 classes – 
E through A, with A being the most serious.  Felonies are also categorized into violent felonies and sex felonies.  Violent felonies and sex felonies are considered aggravating because they include intentional acts and victims.  There is supposed to be a distinction. Pay close attention this is important under the Bail Reform Laws. The reform still permits cash bail for defendants accused of a “qualifying offense” including:
  • a sex offense;
  • a violent offense (with one exception that does not involve actual violence against a person) LMAOOOO! YEA OK 
  • criminal contempt where underlying allegations involved domestic violence;
  • witness intimidation or conspiracy to commit murder;
  • terrorism related offenses.                                                     

                                                 The shoplifting:

                                                      It's so ridiculous that it is out of control. I hope voters, for whichever political party you belong to, think about our public safety. 

                                                        


New York voters say the 2019 bail reform law has been bad for New York. 

                                                   DUH!!!! Did they really have to ask the voters??? Thats a gimmie. Voters say the law has resulted in an increase in crime, and think it should be amended to give judges more discretion to set bail based on the seriousness of the crime or the individual’s criminal record some of these defendants are serious repeat offenders. One month after the 2019 bail reform law passed, at least 70% of Democrats, independents, New York City, Black, Latino, and young voters, and a majority of non-New York City, white, and older voters thought the new law would be good for the state. Only Republicans, 55-34%, thought the law would be bad.  Today, 84% of Republicans think the law has been bad for New York, as do at least 60% of independents, voters outside New York City, white, and older voters. Some Democrats, 46-38%, and a majority of young voters think the law has been good for the state. Black and Latino voters are closely divided, tilting toward bad. Nearly two-thirds of New Yorkers – including at least 70% of Republicans, independents, voters from every region, and white and Latino voters, as well as majorities of Democratic and Black voters – say the bail law has resulted in an increase in crime. Again, what did they think was going to happen? And an overwhelming majority of New Yorkers, including at least 79% of voters of every party, region and race, say the law should be amended to give judges more discretion to set bail. I guess "Lesson Learned."

                                           "The List" 

                                                   Are you ready for this??

Here Are All The Crimes That Now Fall Under The Bail Reform Law:

  • 2nd degree Burglary of a residence
  • 2nd degree Burglary as a Hate Crime
  • 3rd degree Burglary of a commercial building
  • 3rd degree Burglary as a Hate Crime
  • 2nd degree Robbery aided by another person
  • 2nd degree Robbery as a Hate Crime
  • 3rd degree Robbery
  • Criminal sale of a controlled substance (multiple counts)
  • Using a child to commit a controlled substance crime
  • Criminal possession of a controlled substance (multiple counts)
  • Criminal sale of a controlled substance in or near a school
  • Criminal injection of a controlled substance into another person
  • Criminal sale of a controlled substance to a child
  • Criminal sale of a prescription for a controlled substance by a pharmacist
  • Criminal possession or creation of Methamphetamines
  • 3rd degree Assault
  • 3rd degree Assault as a Hate Crime
  • Reckless Assault of a child by a day care provider
  • Reckless Assault of a child
  • Stalking (multiple counts)
  • Stalking as a Hate Crime (multiple counts)
  • Vehicular Assault (multiple counts)
  • Aggravated Vehicular Assault
  • Aggravated Assault on a child under 11 years-old
  • Aggravated Assault on a child under 11 years-old as a Hate Child
  • Menacing (multiple counts)
  • Menacing as a Hate Crime (multiple counts)
  • Reckless Endangerment (multiple counts)
  • Promoting a suicide attempt
  • 1st degree Stalking while committing a sex offense
  • Criminal Obstruction of Breathing
  • Criminally Negligent Homicide
  • 2nd degree Vehicular Manslaughter
  • Aggravated Vehicular Manslaughter
  • 2nd degree Manslaughter
  • Unlawful Imprisonment (multiple counts)
  • Unlawful Imprisonment as a Hate Crime (multiple counts)
  • Aggravated Labor Trafficking
  • Custodial Interference (multiple counts)
  • Substitution of children
  • Coercion (multiple counts)
  • Coercion as a Hate Crime (multiple counts)
  • Criminal Trespass (multiple counts)
  • Criminal Trespass as a Hate Crime (multiple counts)
  • Possession of burglar's tools
  • Unlawful possession of a police scanner
  • Criminal Mischief (multiple counts)
  • Criminal Mischief as a Hate Crime (multiple counts)
  • Criminal Tampering (multiple counts)
  • Cemetery Desecration (multiple counts)
  • Aggravated Cemetery Desecration (multiple counts)
  • Reckless Endangerment of property
  • Tampering with a consumer product (multiple counts)
  • Graffiti
  • Possession of Graffiti tools
  • 3rd degree Arson
  • 4th degree Arson
  • 5th degree Arson
  • 3rd degree Arson as a Hate Crime
  • 4th degree Arson as a Hate Crime
  • 5th degree Arson as a Hate Crime
  • Grand Larceny (multiple counts)
  • Grand Larceny at a Hate Crime (multiple counts)
  • Aggravated Grand Larceny of an ATM
  • Petit Larceny
  • Petit Larceny as a Hate Crime
  • Computer Tampering (multiple counts)
  • Computer Trespass
  • Unauthorized use of a computer
  • Unlawful duplication of computer materials (multiple counts)
  • Welfare Fraud (multiple counts)
  • Criminal use of a public benefits card (multiple counts)
  • Criminal possession of a public benefits card (multiple counts)
  • Unauthorized use of a vehicle (multiple counts)
  • Auto stripping (multiple counts)
  • Theft of services
  • Unauthorized use of a credit card
  • Jostling
  • Fraudulent Accosting
  • Criminal Possession of Stolen Property (multiple counts)
  • Forgery (multiple counts)
  • Criminal possession of a forged instrument (multiple counts)
  • Criminal possession of forgery devices
  • Criminal possession of a Vehicle ID Number
  • Forgery of a Vehicle ID Number
  • Falsifying business records (multiple counts)
  • Tampering with public records (multiple counts)
  • Offering a false instrument for filing (multiple counts)
  • Insurance Fraud (multiple counts)
  • Health insurance fraud (multiple counts)
  • Criminal diversion of prescription medications (multiple counts)
  • Commercial bribery (multiple counts)
  • Rent Gouging (multiple counts)
  • Residential mortgage fraud (multiple counts)
  • Aggravated identity theft (multiple counts)
  • Bribery (multiple counts)
  • Perjury (multiple counts)
  • Bail jumping (multiple counts)
  • Obstructing governmental administration (multiple counts)
  • Obstructing governmental administration with a self-defense spray device
  • Killing a Police Dog or Police Horse
  • Obstructing emergency medical services
  • Obstructing governmental services with a bomb
  • Escape (multiple counts)
  • Promoting prison contraband (multiple counts)
  • Resisting arrest
  • Hindering prosecution (multiple counts)
  • Making a false sworn statement
  • Bribing a witness
  • Receiving a bribe as a witness
  • Bribing a juror
  • Receiving a bribe as a juror
  • Providing a juror with a gratuity
  • Tampering with a juror (multiple counts)
  • Tampering with physical evidence
  • Compounding a crime
  • 1st degree Criminal Contempt – refusing to be sworn in as a witness
  • 2nd degree Criminal Contempt
  • ALL Gambling offenses
  • ALL Prostitution offenses
  • Providing indecent material in minors (multiple counts)
  • Riot (multiple counts)
  • Criminal Anarchy
  • Harassment (multiple counts)
  • Harassment as a Hate Crime (multiple counts)
  • Aggravated Harassment (multiple counts)
  • Aggravated Harassment as a Hate Crime (multiple counts)
  • Aggravated Harassment of an employee by an inmate
  • Criminal nuisance (multiple counts)
  • Falsely reporting a crime
  • Pointing a laser at an aircraft (multiple counts)
  • Harming a service animal (multiple counts)
  • Public lewdness
  • Illegal eavesdropping
  • Dissemination of unlawful surveillance (multiple counts)
  • Non-support of a child (multiple counts)
  • Endangering the welfare of a child
  • Assisting in female genital mutilation
  • Endangering the welfare of an incompetent or physically disabled person
  • Endangering the welfare of a vulnerable elderly person
  • Endangering the welfare of a disabled person (multiple counts)
  • Promoting an obscene sexual performance by a child
  • Possession of an obscene sexual performance by a child
  • Promoting a sexual performance by a child
  • Possessing a sexual performance by a child
  • 4th degree Criminal possession of a weapon
  • Criminal possession of a weapon on school grounds
  • Criminal possession of a firearm
  • 3rd degree Criminal possession of a weapon
  • Criminal purchase or disposal of a weapon
  • Unlawfully wearing a body vest
  • Unlawfully fleeing a police officer in a vehicle (multiple counts)
  • Enterprise corruption
  • Money Laundering (multiple counts)
  • Money Laundering in support of terrorism (multiple counts)
  • Corrupting the government (multiple counts)
  • Criminal solicitation (multiple counts)
  • Conspiracy (multiple counts)
  • Conspiracy as a Hate Crime (multiple counts)
  • Criminal facilitation (multiple counts)

                                          Oh It Gets Better...

These offenders will also have the added bonus of a new incentive program in New York City -- which will give released suspects things like New York Mets tickets and gift cards for showing up to court!!!!
Does crime Pay?
Of course not, what are we teaching our kids?? Theres no consequence. 

The bad...
I used to be a Democrat. In 1987 I registered as a Democrat, when Bail Reform came out in 2019.....I changed over to Republican. There's no way my ideals and values matched with the  Democrats anymore. Most of my family, which are Hispanic are registered Republican. 

Fixing New York’s bail requirements was hailed as a national victory after Democrats regained dual majorities in the state Senate in 2019. A series of reforms, which included banning cash bail for all but the most violent felonies, were signed into law as a symbol of what the party could do united in power for the first time in years. 
Bail reform needs to be amended!! 
Look at your elected officialS in your area, see if they support Bail reform. 

                                                
                    BE DILLIGENT ABOUT YOUR SAFETY




 

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Bail Reform and the "List"

CRIME :  An unlawful act punishable by a state or other type of authority.  That's great, we knew this.  Bail: Bail, in New York, is som...