Posting
Pre-Arraignment Bail | Return
of Bail Monies | Applying
Bail Monies to a Fine | Bail Bonds
POSTING PRE-ARRAIGNMENT BAIL
Cash bail is to be posted at the local law enforcement facility
(city or county) where the defendant is incarcerated. Only
U.S. currency is accepted.
Requirements: Photo Identification (Ex. Driver's License, Government
ID), Social Security Number (Optional), Signature.
Pursuant to General Municipal Law 99-m, a 3% bail poundage
fee will be withheld in cases where a conviction has been
entered or if released prior to final disposition of a case.
RETURN OF BAIL MONIES
- Upon a favorable disposition to the defendant
(dismissal or acquittal of all charges), the entire amount
of bail posted is refunded.
- Prior to final disposition, 3% bail poundage
is retained by the court
- Upon final disposition wherein the defendant
is convicted, 3% bail poundage is retained by the court.
For the return of bail the person whose name appears on the bail
receipt must bring the following documentation to the Court Clerk's
office:
- The original bail receipt
- Photo identification (Ex. Driver's License,
Government ID)
For lost bail receipts, a sworn/notarized affidavit may be obtained
from the Court Clerk's office.
If the person who posted the bail requests that the bail be
transferred to another individual, a sworn/notarized affidavit
must be submitted to the Court Clerk's office.
Note: Bail Will Be Returned In The Form Of A Check Only.
APPLYING BAIL
MONIES TO A FINE:
NOTE: A 3% bail poundage fee will be withheld from the
bail monies prior to applying the monies to the fine.
If you posted bail in your own case
If the Court has imposed a Fine and/or Mandatory Surcharge at
disposition and you have posted the bail, the Court may direct
that the bail monies be applied to the fine. You must provide
the Court with:
- the original bail receipt (if this has been
lost, then you must complete a lost bail affidavit)
- photo identification (Ex. Driver's License,
Government ID)
Note: Only the individual who posted the bail can request
that bail monies be applied to a fine.
If you posted bail for another individual
If you have posted bail for a defendant and wish to apply
bail monies to pay the fine, you must appear in person at the
Court Clerk's office and provide:
- the original bail receipt (if this has been
lost, then you must complete a lost bail affidavit)
- photo identification (Ex. Driver's License,
Government ID)
If the person who posted the bail dies, a letter of administration
or a letter of testimony must be obtained from Surrogates Court.
BAIL BONDS
There are several types of bail bonds:
- Insurance Company Bail Bond - Underwritten
by an insurance company.
- Secured Surety Bond (Property)
- Secured Appearance Bond (Property-Defendant)
- one or more properties may be used, value of property must
be twice the cash bail amount, property lien conducted, there
may not be any other liens other than mortgage.
- Unsecured Surety Bond - Unsecured Appearance
Bond (Defendant) - surety and defendant must complete proper
forms.
For the names of local bail bondsmen, contact the jail facility
or Court Clerk's office.
A bail bondsman's license must be renewed each year. For more
information go to www.ins.state.ny.us/faxappi.htm.
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