PL 215.55 · Article 215
Bail Jumping in the Third Degree
This charge concerns court-ordered release conditioned on a later personal appearance in a criminal matter, failure to appear on the required date, and failure to appear voluntarily within thirty days afterward. The thirty-day requirement is part of this offense, not a separate aggravator.
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Text us immediately · (845) 290-2492Definition under New York law
PL 215.55 · Original statutory wording; excerpts must be read together with the full section.
§ 215.55 Bail jumping in the third degree.A person is guilty of bail jumping in the third 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 criminal actionor proceeding, and when he does not appear personally on the requireddate or voluntarily within thirty days thereafter.Bail jumping in the third degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This charge concerns court-ordered release conditioned on a later personal appearance in a criminal matter, failure to appear on the required date, and failure to appear voluntarily within thirty days afterward. The thirty-day requirement is part of this offense, not a separate aggravator.
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
- The applicable alternative and each requirement are set out in the statutory definition above. Counsel must identify the subsection actually charged and compare every requirement with the evidence.
Defenses that commonly apply
- You did not receive notice of the new date.
- The failure to appear was not knowing or voluntary.
- The appearance was excused or the record shows you appeared.
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Turning yourself in with counsel, before a bench warrant is executed, usually produces a far better result than being arrested at a traffic stop.
Common questions about your defense
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 215.52 · Class D Felony
PL 215.56 · Class E Felony
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
Related practice areas
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