Bail Reform in New York: What Nassau County Defendants Need to Know in 2026

If you or a family member has been arrested in Nassau County, one of the most urgent questions is: will I be released, or will I be held in jail until my case is resolved? Since New York’s sweeping bail reform took effect in January 2020 — and was amended in 2022 and 2023 — the answer depends on a complicated set of rules that most people (and even some attorneys) don’t fully understand.

This guide explains how bail and pretrial release actually work in Nassau County’s criminal court system today, what charges are “bail eligible,” and what your attorney can do to get you released at arraignment.

The Basics: What Changed with Bail Reform

Before 2020, judges in New York had broad discretion to set cash bail for virtually any criminal charge. In practice, this meant that thousands of people — many of them charged with misdemeanors and non-violent offenses — sat in jail for weeks or months simply because they couldn’t afford to post bail. The 2019 bail reform law changed this by eliminating cash bail for most misdemeanors and non-violent felonies. For those charges, judges were required to release defendants on their own recognizance (ROR) or under supervised release conditions — no cash bail.

The law was controversial from the start, and the Legislature amended it twice — in 2022 and again in 2023 — to expand the list of “qualifying offenses” where judges can set bail. The result is the current system: a complex framework where some charges require mandatory release without bail, some charges give the judge discretion, and a small number of charges allow the judge to remand (hold) the defendant without bail entirely.

Which Charges Are “Bail Eligible” in 2026?

Under the current law, a judge can only set bail if you are charged with a “qualifying offense.” The full list is lengthy and technical, but the most common bail-eligible charges that arise in Nassau County include:

All violent felonies as defined in Penal Law §70.02. This includes Assault in the Second Degree, robbery, burglary in the first and second degree (involving a dwelling), manslaughter, and any offense involving the use or threatened use of a deadly weapon.

All Class A felonies, including drug felonies. This was expanded in the 2022 amendments — previously, only Class A-I drug felonies were bail-eligible. Now all Class A felonies qualify.

Any crime alleged to have caused the death or serious physical injury of another person.

Domestic violence offenses including criminal obstruction of breathing, strangulation in the second degree, and unlawful imprisonment in the first degree when committed against a family or household member. Domestic violence cases have been a focal point of the bail reform amendments, with the Legislature steadily expanding the categories of DV offenses where bail is permitted.

Witness tampassing and intimidation offenses, including tampering with a witness, intimidating a victim, and criminal contempt involving an order of protection.

Criminal possession of a weapon on school grounds, and aggravated assault upon a person under age 11.

Felony or Class A misdemeanor committed while released on a prior case. This is one of the most important 2022 additions. If you are charged with a felony or Class A misdemeanor involving harm to a person or property while you are already released on your own recognizance or under supervised release conditions for a separate felony or Class A misdemeanor, the new charge is bail-eligible regardless of what it is.

Hate crimes. Assault 3rd or arson 3rd charged as a hate crime are now bail-eligible, even though the underlying offenses ordinarily would not be.

Sex trafficking, promoting prostitution, and sex offenses.

Which Charges Require Mandatory Release?

If your charge is not on the qualifying offense list, the judge must release you, either on your own recognizance (ROR) or under non-monetary conditions (supervised release). The judge cannot set bail and cannot hold you in jail. Common non-qualifying offenses — those that require mandatory release — include:

Most misdemeanors that are not domestic violence offenses, hate crimes, or sex offenses. This includes petit larceny/shoplifting, drug possession, Assault in the Third Degree (when not a hate crime or DV offense), criminal mischief, trespassing, reckless endangerment, and others.

Non-violent felonies that are not otherwise on the qualifying list. This can include certain grand larceny charges, drug possession felonies (below Class A), fraud, forgery, and other property crimes.

First-offense misdemeanor DWI (VTL §1192.2 and 1192.3). A standard first-offense DWI is not a bail-eligible offense under bail reform. The judge must release you, typically on your own recognizance, at arraignment. However, felony DWI (second offense within 10 years) is a violent felony in some configurations and may be bail-eligible. Aggravated DWI with a child in the car under Leandra’s Law is a felony and may also qualify.

What Does Release Look Like in Nassau County?

When you are arraigned at the Nassau County courthouse at 99 Main Street in Hempstead, the judge will determine your release conditions based on the charge and your circumstances. There are several possible outcomes:

Release on Own Recognizance (ROR). You are released without any conditions other than a promise to return for all future court dates. This is the least restrictive form of release and is common for low-level misdemeanors.

Release Under Non-Monetary Conditions (Supervised Release). You are released but must comply with conditions set by the court. These can include reporting to a pretrial services agency, surrendering your passport, maintaining employment, observing a curfew, electronic monitoring (ankle bracelet), drug testing, or orders of protection prohibiting contact with the alleged victim. In domestic violence cases, supervised release almost always includes a protective order.

Bail. If your charge is a qualifying offense, the judge may set bail. Under New York law, the judge must set bail in at least three forms, which may include cash bail, an insurance company bail bond, a partially secured surety bond, an unsecured surety bond, a credit card, or a secured appearance bond. The judge must also consider your ability to pay — bail that is effectively unaffordable is subject to challenge.

Remand (No Bail). In very limited circumstances — primarily for the most serious felonies where the defendant is deemed a flight risk — the judge can order you held without bail. This is rare for most charges but can occur in cases involving Class A felonies, homicide, or certain repeat violent felony offenses.

The 15-Day Discovery Rule: A Related Reform That Matters

Bail reform was part of a broader package of criminal justice reforms that also included major changes to discovery rules. Under CPL §245.10, the prosecution must turn over all discovery materials — including police reports, witness statements, forensic evidence, bodycam footage, and the names of witnesses — within 15 days of arraignment (or 35 days for a felony complaint). If the prosecution fails to meet this deadline, the case can be dismissed for lack of “certification of readiness.”

This discovery rule works hand-in-hand with bail reform because it means that cases must move quickly. If the prosecution cannot get its evidence together within the statutory timeline, the defense has grounds to challenge the case. An experienced defense attorney monitors these deadlines aggressively, because a missed deadline by the DA’s office can be the basis for a dismissal motion.

How Bail Decisions Are Different in Nassau County

Like everything in Nassau County’s criminal court system, bail decisions have a local flavor. A few things that set Nassau County apart:

The DA’s office frequently requests bail on every qualifying offense. Even when bail is discretionary rather than mandatory, the Nassau County DA’s office will almost always ask the judge to set bail on bail-eligible charges. The defense attorney’s job is to argue against bail or for the lowest amount possible.

Judges in Nassau County are generally law-and-order oriented. Compared to courthouses in Brooklyn or the Bronx, Nassau County judges tend to set higher bail amounts and impose stricter supervised release conditions. This makes the defense attorney’s advocacy at arraignment even more critical.

Domestic violence cases receive heightened scrutiny. Following the 2022 amendments that expanded bail eligibility for DV offenses, Nassau County judges have become more willing to set bail in domestic violence cases, particularly those involving strangulation or violation of an order of protection. If you are facing a DV charge, your attorney needs to be prepared for a bail argument at arraignment.

Supervised release is managed through Nassau County Pretrial Services. If the judge orders supervised release with conditions, you will report to Nassau County’s pretrial services program. Compliance is monitored, and violations can result in a bail application by the prosecution — meaning you could be brought back before the judge and have bail set after the fact.

What Your Attorney Can Do at Arraignment

The arraignment is the most important hearing in the early stages of your case — and often the most underestimated. What your attorney argues at arraignment can determine whether you walk out of the courthouse or spend weeks in jail waiting for your case to resolve. Here’s what an experienced defense attorney does:

Argues for ROR or the least restrictive conditions. Your attorney will present evidence of your community ties, employment, family obligations, lack of criminal history, and any other factors that demonstrate you are not a flight risk and that you will return for all court dates.

Challenges the bail-eligible classification. In some cases, the prosecution charges a bail-eligible offense but the underlying facts may not actually support that charge. If the charge can be reduced or reclassified, bail may become unavailable to the judge entirely.

Negotiates bail amounts. If bail is going to be set, your attorney argues for the lowest amount possible and for the most favorable forms of bail (such as an unsecured bond rather than cash). The judge must consider your financial circumstances, and a defense attorney who presents a detailed picture of your finances can significantly reduce the amount.

Addresses the order of protection. In domestic violence cases, the arraignment is also where the order of protection is issued. Your attorney can advocate for a less restrictive order — a refrain-from order rather than a full stay-away — which can make the difference between sleeping in your own home and being locked out of it. We discuss this in depth in our post on what happens after a domestic violence arrest.

Raises discovery compliance. If this is not your first court appearance and the prosecution has failed to meet its discovery obligations, your attorney can raise this issue and potentially use it as leverage for favorable release conditions or even dismissal.

What to Do If You’re Held on Bail

If bail is set and you cannot post it immediately, you have several options:

Post cash bail in the full amount set by the judge. The cash is held by the court and returned (minus fees) at the conclusion of the case, regardless of the outcome.

Use a bail bond company. A licensed bail bond agent will post a surety bond on your behalf for a non-refundable fee, typically 10% of the bail amount. The bond company guarantees the full amount to the court if you fail to appear.

Request a bail reduction hearing. If your circumstances change — for example, if you can now demonstrate stronger community ties, or if you have a new job offer — your attorney can file a motion to reduce bail. Additionally, if you are unable to post bail and remain in custody, the defense can argue that the bail is effectively a remand (no bail) and request reconsideration.

Contact Hochhauser Criminal & DWI Defense Today

The hours between your arrest and your arraignment are the most critical of your entire case. Having an experienced attorney at your side when you appear before the judge can mean the difference between walking out of the courthouse and spending weeks in the Nassau County Correctional Center. At Hochhauser Criminal & DWI Defense, Richard Hochhauser is a former Nassau County prosecutor who handles criminal defense and DWI defense in the very courtrooms where these bail decisions are made every day. He knows the judges, the ADAs, and the arguments that work.

We represent clients facing every type of charge across Nassau County, Suffolk County, and all of Long Island. If you or a family member has been arrested, contact us immediately for a free consultation. Call or text (516) 939-1529 — available 24/7. Our office is located directly across from the Nassau County courthouse at 164 Jackson Street in Hempstead.