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This entry was published on 2014-09-22
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SECTION 540.30
Remission of forfeiture
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 540
§ 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.