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14 Cards in this Set
- Front
- Back
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520.10 The authorized forms of bail are: |
1. Cash Bail 2. Insurance Company Bail Bond 3. Secured surety bond 4. Secured appearance bond 5. Partially secured bail bond 6. Partially secured appearance bond 7. Unsecured surety bond 8. Unsecured appearance bond 9. Credit card or other similar device (may also be required to pay reasonable administrative fee). |
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520.10
A court may designate the amount of bail without designating the form in which it may be posted. In such case, the bail may be posted in the form of: |
1. an unsecured surety bond, or 2. an unsecured appearance bond Court may also direct posting of 2 or more forms of bail in alternative, or varying amounts with forms. |
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520.15
Cash bail may be deposited with:
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1. County treasurer in county where proceeding is pending (in NYC with commissioner of finance), or 2.the court which issued the order, or 3. The sheriff in whose custody the principal has been committed. |
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520.15 The following must appear on the cash bail form: |
a) name, residential address and occupation of each person posting bail b) title of action or proceeding c) offense(s) and status d) name of principal and nature and extent of involvement in proceeding e) person(s) posting cash bail undertakes that principal will appear (that obligor(s) jointly and severally undertake that principal will render himself amenable to processes of the court). f) next court date g) acknowledgement that bail will be forfeited if principal does not comply h) amount of cash bail |
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520.15 Bail bond is effective and binding upon the obligor(s) until... |
imposition of sentence or other termination of action. |
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520.20
Posting of bail bond, and form and content of justifying affidavits
Generally, a bail bond must be subscribed and sworn by each obligor and must state: |
1. Name, residential address and occupation of each obligor 2. Title of criminal action or proceeding involved 3. Offense(s) and status of action or proceeding 4. Name of principal and nature of his involvement in the action or proceeding 5. That obligor(s) jointly and severally undertake that principal will appear and be amenable to orders of the court 6. That if principal does not comply, obligor(s) will pay to the state the sum fixed by the court. |
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520.20 A bail bond is effective and binding upon the obligor(s) until... |
the imposition of sentence or other termination of the action. |
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520.20
A justifying affidavit must be subscribed and sworn to by the obligor(s) and must state their names, residential addresses and occupations. Also, justifying affidavit must include: |
1. For an insurance bail bond, must state among other things the amount of premium paid by obligor. 2. for secured bail bond, must state items of personal property pledges as security, (and value of encumbrances thereon). |
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520.20 An affidavit justifying a partially secured bail bond or an unsecured bail bond must state: |
1. Place and nature of obligor-affiant's business or employment and length of time engaged therein, and 2. Income during past year, and average income during the past 5 years. |
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520.30 - Examination as to sufficiency of bail and bail bonds ("bail source hearing")
Court may examine under oath or otherwise... |
Obligors or other persons who may possess information regarding bail (value, sufficiency, reliability of obligors, whether any feature of undertaking contravenes public policy, etc.) |
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520.30 The DA has a right to: |
1. Attend such an inquiry, and 2. Call and examine witnesses |
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520.30 The court may examine oath or otherwise... |
Obligors or other persons with material information. |
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520.30 Court MAY upon application of DA adjourn proceeding for a reasonable period to allow... |
DA to investigate the matter (source of money). At end of proceeding, court must issue order approving or disapproving the bail. |
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520.40
When bail is ordered by a superior court after a defendant has posted bail in a LCC, the defendant may.... |
request that the bail posted in the LCC be transferred to the superior court. |
