Trump’s Executive Order Ending Cashless Bail: A Critical Update for NYC Criminal Defendants

On August 25, 2025, President Donald Trump signed a potentially game-changing executive order aimed at ending cashless bail nationwide—starting with Washington, D.C.—and threatening to withhold federal funds from jurisdictions across the U.S., including New York, that maintain such policies. This shift carries major implications for criminal defendants in New York City. (Source: Whitehouse.Gov, Associated Press, Reuters)

What’s Happening?
According to various media reports, Trump officially signed the order mid-morning on August 25, 2025. According to various media, Trump has instructed Attorney General Pam Bondi to within 30 days identify cashless bail jurisdictions and recommend which federal funds should be suspended or withdrawn from those jurisdictions.

Why This Matters in NYC
Beginning in January 2020, New York reformed the bail statutes to: 1) encourage judges to release many defendants without monetary bail and 2) make it much easier for a defendant to post monetary bail when it is set.  These measures were aimed at promoting equity and fairness in the criminal justice system by preventing wealth-based detention.  With these changes, when monetary bail is set, the courts are now allowed to accept partially secured bail payments directly from the family and friends of defendants with only 10% of the total bail amount paid.  KG&B attorneys have litigated these bail applications throughout New York, getting many clients released when they otherwise would not have.  However, the latest executive order threatens to curtail this progress. NY defendants may now face:

– Tougher bail outcomes due to federal pressure, despite the 2020 reform laws.
– Extended pretrial detention, increasing strain on both clients and their families.
– Erosion of fairness, where financial status again becomes a barrier to freedom.

How NYC Criminal Defense Attorneys Can Respond
For criminal defense attorneys in New York City, the stakes have never been higher. Here’s how the skilled lawyers at KG&B best position their clients to get released from custody:

1. Aggressively Advocate for Release on Release on own Recognizance (ROR):
Even under increased scrutiny, our attorneys focus on securing ROR releases by showcasing clients’ strong community ties, employment, and low risk of flight.  We get to know our clients and their families intimately so that we can show the judges a full-picture of our clients close family ties putting their best foot’s forward.

2. Assist Families with Posting Bail Directly to the Court:
KG&B lawyers prepare our clients’ families to come to court to post the bail and then we appear with them.  We help fill out the paperwork and we appear on the record with our clients’ families to ensure they present best to the judges who will be deciding whether to accept the bail package presented.

3. Leverage State Law Protections:
Though federal pressure intensifies with this Executive Order, New York’s statutes for bail reform are still in force.  KG&B lawyers will highlight the relevant state laws and push back against judges who might be persuaded by the federal pressure that comes with this Executive Order.

4. Present Community Impact Evidence:
We are experts in the positive outcomes of bail reform and we use that experience to the clients’ benefit.  We have gotten many clients in state court released on ankle monitors through the NYC Sheriff’s Office by persuading judges it is fair and just.  This was not possible prior to January 2020 and is in danger with Trump’s Executive Order. We will continue to show judges that this important change is in everyone’s best interest.

5. Tireless Efforts at Securing Release:
Current bail laws also allow re-peated bail applications before the same judge on successive court appearances. Under the old law, defendants needed to show a “changed circumstance” to renew a bail application once it was denied. The lawyers at KG&B are experts at using a court appearance to lay the foundation for a future bail application giving the client the best chance at being released. Often the judge needs to get to know the case and the client – and the lawyers at KG&B are experts at knowing how and when to make the right bail application.

The Value of Experienced Defense Lawyers in a Volatile Climate
In this era of federal-state tensions and shifting bail standards, the role of a seasoned NYC criminal defense firm is paramount.  Whether it is pushing for equitable release terms, litigating bail disputes, or safeguarding client rights under state law— KG&B stands is a bulwark against unjust pretrial detention – recognizing that there is nothing more important than getting a client released from pretrial detention.