'Prior to bail reform, the decision of whether to set bail would have, of course, rested with the judge, so I cannot advise you with any degree of certainty if these defendants would have been held on bail,' Finnell said.

It would have been up to a judge, who may also have heard a counter-argument from a defense attorney, to weigh the flight-risk factors in order to decide if bail was necessary to ensure the defendants would reappear in court as ordered at a later date. That's the law.ĭistrict Attorney Kevin Finnell said if there had been an arraignment in pre-bail reform days, his office would have requested cash bail or bond be set. And a judge, at arraignment, must set release conditions that are the least restrictive option available.

The officers must write an appearance ticket. It's impossible to say that they would still be in custody without bail reform, but local officials say the ease with which they regained their freedom is a product of bail reform.įor charges under a certain level, police officers can't bring a suspect before a judge for arraignment. 27, the date of all of these events, they were released on their own recognizance. That led to more charges, but at arraignment on Feb. A short time later, they were allegedly spotted in a stolen car, leading to a Batavia PD pursuit through multiple jurisdictions. Two Monroe County men are again out of custody, released within the same 24-hour period that their alleged crime spree started, apparently because a local judge had no authority to set bail.Įvan Jacob Vanskiver and Adam John Montes were arrested early Monday morning and, in accordance with New York's current bail law, released on appearance tickets. Turnbull Heating, Air Conditioning & Refrigeration.The Red Osier Landmark Restaurant, Stafford.

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