Clayman Rosenberg Kirshner & Linder LLP partner Wayne E. Gosnell, Jr. spoke with the New York Post about whether a defendant who has posted bail can be remanded after a grand jury upgrades the charge against him.

The Post asked Gosnell about the case of Victor Romero, a retired NYPD detective charged in a fatal shooting on the George Washington Bridge. Romero was released on $1 million bail on a manslaughter charge, but a grand jury upgraded the charge to second-degree murder in an indictment last week.

Gosnell explained that a more serious charge does not by itself change the bail analysis. The defense would argue that the facts underlying the case remain the same. “The argument that (his) defense attorney would make is, what fact has changed,” Gosnell told the Post. “The fact of the matter is it’s a circumstantial case that deals with his intent. That’s always been the case … That hasn’t changed.”

Rather than remand, Gosnell said a court is more likely to modify the conditions of release. Those conditions could include house arrest, home confinement or GPS monitoring to ensure the defendant returns to court.

Gosnell represents clients in high-stakes criminal, regulatory and civil matters in federal and New York state courts. A former Bronx assistant district attorney, he has argued before the New York Court of Appeals.

CRKL does not represent any party in the matter.