PL 215.56 · Article 215
Bail Jumping in the Second Degree
This offense concerns failure to appear after court-ordered release conditioned on a personal appearance in connection with a felony charge. The prosecution must prove beyond a reasonable doubt both the missed required appearance and the absence of a voluntary personal appearance within the following thirty days, along with the release conditions.
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PL 215.56 · Original statutory wording; excerpts must be read together with the full section.
§ 215.56 Bail jumping in the second degree.A person is guilty of bail jumping in the second degree when by courtorder he has been released from custody or allowed to remain at liberty,either upon bail or upon his own recognizance, upon condition that hewill subsequently appear personally in connection with a charge againsthim of committing a felony, and when he does not appear personally onthe required date or voluntarily within thirty days thereafter.Bail jumping in the second degree is a class E felony.Read the full section at the New York State SenateIn everyday language
This offense concerns failure to appear after court-ordered release conditioned on a personal appearance in connection with a felony charge. The prosecution must prove beyond a reasonable doubt both the missed required appearance and the absence of a voluntary personal appearance within the following thirty days, along with the release conditions.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- A court order released the person accused from custody or allowed the person accused to remain at liberty; these are alternatives, not cumulative requirements.
- Release was either on bail or on the person's own recognizance; these are alternatives, not cumulative requirements.
- Release required a later personal appearance in connection with a felony charge against the person accused.
- The person accused did not appear personally on the required date and did not voluntarily appear personally within thirty days afterward.
- The prosecution must prove every required element beyond a reasonable doubt.
Defenses that commonly apply
- What court order established the release and required personal appearance?
- Was the required appearance connected to a felony charge against the person accused?
- Do court records show a personal appearance on the required date or a voluntary personal appearance within thirty days afterward?
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to $5,000.
Common questions about your defense
Can a voluntary appearance within thirty days defeat this bail-jumping charge?
The statute requires failure to appear personally on the required date and failure to appear voluntarily within thirty days afterward. If the person accused voluntarily appeared personally within that period, that fact would challenge a required element. The prosecution must prove all required elements beyond a reasonable doubt, and the appearance records and dates matter.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 215.55 · Class A Misdemeanor
PL 215.57 · Class D Felony
PL 215.40 · Class E Felony
PL 215.15 · Class E Felony
PL 215.50 · Class A Misdemeanor
PL 215.51 · Class E Felony
PL 215.52 · Class D Felony
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