New York Petition for Return of Cash Bail

State:
New York
Control #:
NY-ND-767
Format:
PDF
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Description

Petition for Return of Cash Bail
New York Petition for Return of Cash Bail is a legal document through which individuals who have posted cash bail in New York state can petition the court for a return of their bail money. This document is used to ask the court to return the bail money, and in some cases, to request the return of collateral that has been used to secure the bail. There are two types of New York Petition for Return of Cash Bail — one for individuals who have posted cash bail, and another for individuals who have posted collateral. Both forms require information about the bail amount, the case number, the criminal charges, and the district court in which the bail was posted. The petitioner must also explain why they are requesting the return of the bail money.

New York Petition for Return of Cash Bail is a legal document through which individuals who have posted cash bail in New York state can petition the court for a return of their bail money. This document is used to ask the court to return the bail money, and in some cases, to request the return of collateral that has been used to secure the bail. There are two types of New York Petition for Return of Cash Bail — one for individuals who have posted cash bail, and another for individuals who have posted collateral. Both forms require information about the bail amount, the case number, the criminal charges, and the district court in which the bail was posted. The petitioner must also explain why they are requesting the return of the bail money.

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FAQ

2019 Bail Reform Rather than releasing a defendant, setting cash bail or remanding them directly to jail, judges could now impose non-monetary conditions like requiring electronic monitoring of defendants.

What the Bail Law Does. New York's bail law currently eliminates money bail for most misdemeanors and nonviolent felonies. Those accused of these crimes are either freed without restrictions while their case plays out, or released under certain conditions like electronic monitoring.

Do You Get Bail Money Back in NY? In most cases, defendants do not recover bail money until after the case is resolved. If a case is dismissed or the defendant is found not guilty, the state will mail a check containing the full bail amount to the person who paid the bail.

2022 efforts in 3 states may impact the courts. On January 1, a new Illinois law that eliminated cash bail was to have gone into effect. That law was just one of three recent efforts in California, Illinois, and New York to change the way courts oversee bail.

Since taking effect in 2020, New York State's bail reform laws have eliminated cash bail and expanded pre-trial release for a variety of misdemeanor and felony charges. This bill provides an incentive for states like New York to adopt policies that hold repeat offenders accountable and bolster public safety.

The Department of Finance holds the Cash Bail funds until the court closes the case and issues a court order to refund the Cash Bail. You do not have to do anything to receive a Cash Bail refund. We usually receive the Cash Bail refund court order request from the court about six (6) weeks after the case is closed.

More info

The petitioner (person who deposited the money) is to complete the enclosed petition, have it notarized, and return it to the Clerk, U.S. District Court. We usually receive the Cash Bail refund court order request from the court about six (6) weeks after the case is closed.If the Department of Finance mailed you a Cash Bail refund check, we may need to place a stop payment on the check. Complete a Stop Payment Affidavit. Bail is returned to defendants when their trial is over, in some states minus a processing fee. Step 2: After you complete the Motion and Order, make 2 copies of each. You must fully complete and sign the Motion. The average time to complete a cash bond refund after conclusion of a case is 6 to 8 weeks. You must complete the request for return of bond form (PDF). Bail And Other Conditions Of Release.

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New York Petition for Return of Cash Bail