Bail Remission
The court can order that bail be forfeited when the defendant misses a court date. Forfeited means that if you posted cash bail money and the defendant didn’t show up, the court will keep the money. You will be notified if bail is forfeited. You may still be able to get your money back by asking the court for remission of forfeited bail if the defendant eventually came to court. The motion must be made within 1 year of the court order that forfeited the bail.
Important! The motion for bail remission can only be made by the person who posted the bail for the defendant.
In the motion papers tell the court good reasons for giving you back the money, like that the defendant didn’t come to court because he was sick, or that you really need the money to pay your bills, or that the court didn’t spend any money to get the defendant back in court. You can attach an Affidavit from the defendant, bills or any other proof that supports your request.
The motion for remission of forfeited bail must be served on the District Attorney and give the District Attorney at least 5 days notice. The District Attorney will have a chance to submit papers arguing against returning your bail money.
See a sample Bail Remission Motion from the Suffolk County District Court.
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