§ 540.30 — Remission of forfeiture

New York § 540.30

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title P: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 540: Forfeiture of Bail and Remission Thereof

Text

§ 540.30 Remission of forfeiture.\n 1. After the forfeiture of a bail bond or cash bail, as provided in\nsection 540.10, an application for remission of such forfeiture may be\nmade to a court as follows:\n (a) If the forfeiture has been ordered by a superior court, the\napplication must be made in such court;\n (b) If the forfeiture has been ordered by a local criminal court, the\napplication must be made to a superior court in the county, except that\nif the local criminal court which ordered the forfeiture was a district\ncourt, the application may alternatively be made to that district court.\n 2. The application must be made within one year after the forfeiture\nof the bail is declared upon at least five days notice to the district\nattorney and service of copies of the affidavits and papers upon which\nthe application is founded. The court may grant the application and\nremit the forfeiture or any part thereof, upon such terms as are just.\nThe application may be granted only upon payment of the costs and\nexpenses incurred in the proceedings for the enforcement of the\nforfeiture.\n