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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 530.80: Order of recognizance or bail; surrender of defendant

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 3. Special Proceedings and Miscellaneous Procedures
  3. Title P. Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
  4. Article 530. Orders of Recognizance or Bail With Respect to Defendants In Criminal Actions and Proceedings--when and By What Courts Authorized

§ 530.80 Order of recognizance or bail; surrender of defendant.

1. At any time before the forfeiture of a bail bond, an obligor may

surrender the defendant in his exoneration, or the defendant may

surrender himself, to the court in which his case is pending or to the

sheriff to whose custody he was committed at the time of giving bail, in

the following manner:

(a) A certified copy of the bail bond must be delivered to the

sheriff, who must detain the defendant in his custody thereon, as upon a

commitment. The sheriff must acknowledge the surrender by a certificate

in writing, and must forthwith notify the court in which the case is

pending that such surrender has been made.

(b) Upon the bail bond and the certificate of the sheriff, or upon

the surrender to the court in which the case is pending, such court

must, upon five days notice to the district attorney, order that the

bail be exonerated. On filing such order, the bail is exonerated

accordingly.

2. For the purpose of surrendering the defendant, an obligor or the

person who posted cash bail for the defendant may take him into custody

at any place within the state, or he may, by a written authority

indorsed on a certified copy of the bail bond, empower any person over

twenty years of age to do so.

3. At any time before the forfeiture of cash bail, the defendant may

surrender himself or the person who posted bail for the defendant may

surrender the defendant in the manner prescribed in subdivision one. In

such case, the court must order a return of the money to the person who

posted it, upon producing the certificate of the sheriff showing the

surrender, and upon a notice of five days to the district attorney.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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