Bail Issues

Posting Bail | Return of Bail Monies | Applying Bail to Fine if Bail posted by defendant or someone other than defendant

 

POSTING BAIL

Cash bail is to be posted at the jail facility where the defendant is incarcerated.

 

RETURN OF BAIL MONIES

Bail is released once a plea and sentence has been entered or a case is dismissed. However, in certain cases, the Judge may direct the return of the bail prior to the final disposition.

In order to claim cash bail, the person whose name appears on the bail receipt must bring the following documentation to the City Court Clerk's office located in the City Courthouse:

  • the original bail receipt
  • photo identification

Bail monies may be returned by mail upon submission to the Court of:

  • a sworn (notarized) statement requesting that the monies be returned by mail and a current mailing address and telephone number
  • the original bail receipt
  • photo identification

If the bondsperson has lost the original receipt,a sworn affidavit must be submitted to the Clerk's office. The lost bail affidavit may be obtained from the City Court Clerk's office.

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. In the case where bail poundage is withheld prior to disposition and the case is ultimately disposed in favor of the defendant (dismissal or acquittal of all charges), the person who posted the bail may apply for a refund of the bail poundage fees. Contact the City Court for procedures for refund requests.

 

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 in your case and you have posted bail, the Court may direct that the bail monies be applied to the Fine. You must provide the Court with:

  • a sworn (notarized) statement requesting that the bail monies be applied to the fine and a current address and telephone number
  • the original bail receipt
  • photo identification

Note: Only the individual who posted the bail as listed on the bail receipt 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 for a defendant, you must provide:

  • a sworn (notarized) statement indicating that you wish to apply the bail monies to the fine
  • the original bail receipt
  • photo identification

Note: Only the individual who posted the bail as listed on the bail receipt can request that bail monies be applied to a fine.

You may apply bail to a fine in person at the City Court Clerk's office located in the City Courthouse or by mailing the above documentation to the Court. If applying bail monies to a fine by mail, you must provide the court with your current mailing address and telephone number.

A 3% bail poundage fee will be withheld from the bail monies prior to applying the monies to the fine.

If you have lost the original receipt, a sworn affidavit must be submitted to the Clerk's office.

The Affidavit to apply bail monies to a fine and the lost bail receipt affidavit may be obtained from the City Court Clerk's office.