Application for a change in securing order

Criminal Procedure

Section: 510.20

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 510.20

§ 510.20 Application for a change in securing order.\n 1. Upon any occasion when a court has issued a securing order with\nrespect to a principal and the principal is confined in the custody of\nthe sheriff as a result of the securing order or a previously issued\nsecuring order, the principal may make an application for recognizance,\nrelease under non-monetary conditions, bail, a reduction of bail, or\nimposition of non-monetary conditions in conjunction with bail or a\nreduction of bail.\n 2. (a) The principal is entitled to representation by counsel in the\nmaking and presentation of such application. If the principal is\nfinancially unable to obtain counsel, counsel shall be assigned to the\nprincipal.\n (b) Upon such application, the principal must be accorded an\nopportunity to be heard, present evidence and to contend that an order\nof recognizance, release under non-monetary conditions or, where\nauthorized, bail, a reduction of bail, or imposition of non-monetary\nconditions in conjunction with bail or a reduction of bail, must or\nshould issue, that the court should release the principal on the\nprincipal's own recognizance or under non-monetary conditions rather\nthan fix bail, or where bail has been imposed, reduce the amount of bail\nand impose non-monetary conditions, where authorized under this title,\nand that if bail is authorized and fixed it should be in a suggested\namount and form.\n 3. When an application for a change in securing order is brought under\nthis section and one or more of the charge or charges on which such\nsecuring order was based have been dismissed and/or reduced such that\nthe securing order is no longer supported by the provisions of section\n510.10 of this article, the court shall impose a new securing order in\naccordance with such section.\n

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