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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 540.30: Remission of forfeiture

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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 540. Forfeiture of Bail and Remission Thereof

§ 540.30 Remission of forfeiture.

1. After the forfeiture of a bail bond or cash bail, as provided in

section 540.10, an application for remission of such forfeiture may be

made to a court as follows:

(a) If the forfeiture has been ordered by a superior court, the

application must be made in such court;

(b) If the forfeiture has been ordered by a local criminal court, the

application must be made to a superior court in the county, except that

if the local criminal court which ordered the forfeiture was a district

court, the application may alternatively be made to that district court.

2. The application must be made within one year after the forfeiture

of the bail is declared upon at least five days notice to the district

attorney and service of copies of the affidavits and papers upon which

the application is founded. The court may grant the application and

remit the forfeiture or any part thereof, upon such terms as are just.

The application may be granted only upon payment of the costs and

expenses incurred in the proceedings for the enforcement of the

forfeiture.

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

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