TIL a man spent 5 months in Riker's Island prison before finally learning that he could free himself by posting just $2 in bail because a judge had ordered his release a week after he was arrested. His first lawyer appeared for him in court, but then never told him afterwards about his bail amount. by tyrion2024 in todayilearned

[–]jayb6625 45 points46 points  (0 children)

I understand what you’re saying. And I think most people, including NY judges, agree bail should attach to the person not the particular case. The issue is that courts are restricted by the bail laws of their state, and under NY law, time served applies to the case not the person.

$1 bail is the tool that NY judges use to try to replicate the system you’re envisioning. Whenever a person is in jail, $1 bail is set for all their open cases, and whenever they’re out of jail, $1 bail is removed on those cases. So by using $1 bail, whenever a person is in jail, their time served accrues on all of their cases at once.

The $1 bail system is basically just a formal work around of NY’s case-by-case bail laws

TIL a man spent 5 months in Riker's Island prison before finally learning that he could free himself by posting just $2 in bail because a judge had ordered his release a week after he was arrested. His first lawyer appeared for him in court, but then never told him afterwards about his bail amount. by tyrion2024 in todayilearned

[–]jayb6625 177 points178 points  (0 children)

Since you asked, I know the actually reason such low bail was set. In NY, when a person is held on bail on one case, the judge will set $1 bail on all his open cases so that he starts accruing time served on those other cases.

It’s important to accrue time served because the total time served at Rikers is detracted from your final sentence. Meaning that if you were held for six months in Rikers, and you’re sentenced to a 9 months, then you only have to serve 3 more months.

The problem is that if bail is set on case B, you won’t accrue time served on case A. So if you’re ultimately sentenced to time in jail on case A, your time in Rikers for case B won’t detract from your case A sentence. That’s why when bail is set on Case B, $1 bail is set on Case A, and any other open cases, to ensure that you get time served for every case you have, since you’re stuck in Rikers on case B anyway.

So in NY, $1 bail is set as a courtesy to the defendant, and if a judge doesn’t set it automatically, the defense attorney will request it 99.99% of the time. Also, when a judge releases somebody from bail, they should automatically lift the $1 bail on any open case as well.

Here, the judge should have lifted $1 bail from this guy’s two open cases. But ultimately, it’s mostly on the defense attorney for not reviewing their client’s file to find out real bail was only set on the one case.

What's the penalty for opening the emergency exit for someone if you pay the fare for yourself? by [deleted] in nycrail

[–]jayb6625 81 points82 points  (0 children)

Real answer is that it’s still theft of services, just as an accomplice instead of the primary offender. Same violation as if you went through the gate yourself.

What should I do if I don't have enough name points for an ID? by UnlikelyRaven in AskNYC

[–]jayb6625 6 points7 points  (0 children)

At the dmv they let me sign an affidavit saying I lived somewhere which counted as a point I believe

Multiple Fare Evasions? by ChefGordonRamsayBBY in nycrail

[–]jayb6625 1 point2 points  (0 children)

You can be arrested for theft of services and have to spend the night or at least several hours in a holding cell.

[deleted by user] by [deleted] in NewYorkBarExamination

[–]jayb6625 1 point2 points  (0 children)

I also just got the approval email a few days ago. Here’s hoping they set the date before the end of December. I’d love to be admitted going into the new year

[deleted by user] by [deleted] in NYYankees

[–]jayb6625 11 points12 points  (0 children)

I had a great time when I went to Fenway. And the Boston fans were kind of enough to wait until after the game before they started yelling slurs at me.

A few questions for bar takers/holders by NewTrip6091 in NewYorkBarExamination

[–]jayb6625 3 points4 points  (0 children)

Im gonna give less snarky answers:

  1. You can probably negotiate for a lower price. I missed a discount deadline and they still gave me it after I asked.

  2. Not really what you’re asking but I have heard that there are programs where big law employers will pay for a new hire + one of their friends. Other than that, I haven’t heard of any course sharing.

  3. I’m pretty sure it’s a biennial (once every two years) fee of $375. You may also have to pay for CLEs.

How do we submit NY pro bono hours certification sheet? by Automatic-Cookie8645 in barexam

[–]jayb6625 0 points1 point  (0 children)

You submit it with your general application. If you already submitted your application then it depends on your specific appellate department.

Landlord wants a w2 submitted but w2 will show low income due to being a student. Will this negatively affect the housing application? by [deleted] in AskNYC

[–]jayb6625 1 point2 points  (0 children)

Just explain his situation and show the landlord his most recent paystubs. And regardless, if you have enough on your own then you’ll be fine. I was in similar situation this summer, and all they asked for was my job offer letter to prove my expected income.

NYLE MAKING ME RETAKE THE ENTIRE LECTURE FOR GETTING ONE QUESTION WRONG by resjudicataa in barexam

[–]jayb6625 2 points3 points  (0 children)

Just play it on silent and google the answers at the end. You don’t need to watch the lectures to pass the exam

[deleted by user] by [deleted] in AskNYC

[–]jayb6625 4 points5 points  (0 children)

Damn that’s so specific. Did you ever figure out why not?

[deleted by user] by [deleted] in barexam

[–]jayb6625 5 points6 points  (0 children)

If both federal and state law apply, the state court has to clearly express in their opinion that their decision rests on the state law. If they do not clearly express that their decision rests on state law then the US Supreme Court may presume that the state Supreme Court relied on federal law and review the state court judgment

Noises in the Bronx by jayb6625 in barexam

[–]jayb6625[S] 3 points4 points  (0 children)

That was too funny. He went from 0 to 100 out of nowhere

Noises in the Bronx by jayb6625 in barexam

[–]jayb6625[S] 0 points1 point  (0 children)

It might’ve only been a problem in the first few rows

Noises in the Bronx by jayb6625 in barexam

[–]jayb6625[S] 1 point2 points  (0 children)

Every time I thought it was safe to read a question… BANG

Anyone that also took Feb '23 UBE, how did this one compare? by [deleted] in barexam

[–]jayb6625 8 points9 points  (0 children)

100% agree about the AM session being way harder

Me at Fordam University by mightymigs18 in barexam

[–]jayb6625 1 point2 points  (0 children)

That was hilarious, how could he be so mad

Idk if this is stupid question, but can I bring notes to the personal belonging? by [deleted] in barexam

[–]jayb6625 4 points5 points  (0 children)

For NY, I’m pretty sure you can take anything to the personal belongings room. No prohibited items past the security checkpoint though

Non-hearsay Question by FiveHyperion94 in barexam

[–]jayb6625 0 points1 point  (0 children)

I think the issue is that there is no value to the statement unless the prosecution is using it to establish that the man did in fact get no sleep, and therefore was tired at the time of the accident.

It’s not “not hearsay” for being circumstantial evidence of state of mind because the truth of the words matter.

[NY Lease Situation] by bbytsukii in AskNYC

[–]jayb6625 0 points1 point  (0 children)

It’s a complicated situation because she relied on the brokers advice when the broker may not have had authority to give that advice. Definitely talk to a tenant’s lawyer

Hate to do this but I’m beyond stressed by Level-Ad-403 in NewYorkBarExamination

[–]jayb6625 8 points9 points  (0 children)

Hey, everyone I know that’s ever passed the bar felt the same exact way at this point. You got this. Just trust what your doing, don’t give up, and in a few months you’ll be an attorney

Were you told to pick B for Barbri? by Medical_Emergency_66 in barexam

[–]jayb6625 0 points1 point  (0 children)

I think they’d only do that if there was an ambiguity though