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Bail

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 forms page.

If the person who posted the bail requests that the bail be transferred to another individual, a sworn/notarized affidavit (available on the forms page) must be submitted to the Court Clerk's office.

Note: Bail Will Be Returned In The Form Of A Check Only.

See individual court for procedures

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APPLYING BAIL MONIES TO A 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: The Judge can order that bail be applied to fines.

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:
  • the original bail receipt (if this has been lost, then you must complete a lost bail affidavit, available on the forms page)
  • 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. May be different from court to court.

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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.

A bail bondsman's license must be renewed each year.

 

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