New York Gov. Kathy Hochul responded to President Donald Trump’s criticism of the state’s cashless bail program by blaming judges for not adhering to it.
Trump on Monday signed an executive order slashing federal funding to cities that have implemented a cashless bail program, arguing that it contributes to crime. In a press release, the White House referred to these programs as a “fantasy” that “has turned the streets of America’s cities into hunting grounds for repeat criminals who mock our justice system by committing crime after crime without consequence.”
The press release gave a few examples showing how dangerous criminals were released under New York’s program. An individual who smeared his own feces on a female subway passenger was released without bail, even though he had a lengthy criminal record.
Another murdered a mother in front of her children less than a day after he was released without bail after assaulting the woman.
“Two illegal immigrants who jumped and bit two NYPD cops were cut loose without bail,” in 2024, according to the press release.
While speaking with reporters, Hochul pushed back against the White House’s claims, blaming judges for improperly applying the cashless bail program. “He can misstate the facts, say what he wants to say… but he’s wrong. He’s wrong,” she said.
The governor insisted that many of the cases listed in the press release “were bail eligible,” meaning that the judge should have required the defendant to post bail before being released. “But guess what? The judge decided to do something differently than what the prosecutors had asked for — rightfully, under the law,” Hochul explained.
“So I think the question I have is:Come on, judges — you know, you’re doing your part here,” she continued. “I need the judges to step up.”
Hochul concluded, “And I’ve been surprised at the number of judges who don’t seem to know the law has changed when I read commentary from them on why they did not hold someone on bail who common sense would have said should have been held — but also, our laws say should have been held.”
New York Gov. Kathy Hochul responds to President Donald Trump's executive order targeting cashless bail by blaming judges for released dangerous criminals.
— Hotep Jeffiziah Charles🏴 (@jeffcharlesjr) August 26, 2025
"I’ve been surprised at the number of judges who don’t seem to know the law has changed." pic.twitter.com/528FlunBvH
A Hochul spokesperson issued a statement reiterating Hochul’s claims.
“New York has not eliminated cash bail. His reckless threat to withhold federal funds would only undercut law enforcement and make our communities less safe," the statement read. "The fact is Governor Hochul changed New York’s bail laws so violent offenders are held accountable, and as a result rearrests are down. New York now has one of the lowest violent crime rates in six decades."
This is not the first time Hochul has criticized judges for improperly applying the program. During a 2024 interview with CBS New York, she said, “It is becoming clear to me that we need judges trained in the changes that we made.”
New York’s cashless bail law mandates that those charged with lower level offenses be released without bail while awaiting trial. This applies to all misdemeanors except sex offenses or domestic violence cases.
Most non-violent felonies, including grand larceny, drug possession, and burglary in the third degree, would be eligible for cashless bail. The law also applies to some violent felonies, including robbery in the third degree or burglary in the second degree if the offense does not involve a residence.
However, offenses such as murder, rape, robbery in the first or second degree, or felony assault with a weapon would not be eligible for cashless bail.
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