A recent Gothamist story highlights the NYPD’s increasing use of jail over court summonses for people accused of low-level offenses, even in cases where state law allows for release. BDS Managing Director of the Criminal Practice, Linda Hoff, criticized the NYPD's frequent practice of jailing New Yorkers rather than issuing appearance tickets, calling it a clear violation of the 2019 bail and discovery reforms intended to reduce unnecessary incarceration.

"The practice of holding more people in jail comes as the number of arrests for petty theft has doubled in recent years. In 2024, 27,000 people were charged with petit larceny compared to 13,000 in 2021.

Defense lawyers said jailing someone for minor offenses is unnecessary and defies the intent of the 2019 law.

“The legislative intent was to decarcerate as much as possible, including at the arrest level on low-level crimes," said Linda Hoff,  managing director of the criminal practice at Brooklyn Defender Services.

Hoff said the law allows police to ask for other ways to get a person’s information, such as their name, address, and phone number.

“[The] NYPD can make a decision. It's discretionary to issue the desk appearance ticket under those circumstances," Hoff said."

Read the article here.