Free Petition for Return of Cash Bail - New York

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

FORM PETITION AND ORDER FOR THE RETURN OF CASH BAIL

PETITIONER MUST COMPLETE THE ENTIRE PACKET AND RETURN IT TO THE CLERK. ALL CHARGES AGAINST THE DEFENDANT FOR WHICH BAIL WAS POSTED MUST BE TERMINATED BY CONVICTION AND SENTENCE OR DISMISSAL BEFORE SUBMITTING THE PETITION TO THE COURT

TO BE COMPLETED BY PETITIONER

PETITIONER'S NAME: FULL ADDRESS:

MAILING ADDRESS IF DIFFERENT FROM ABOVE

FULL SOCIAL SECURITY #

*****FOR INTERNAL CLERK'S OFFICE USE ONLY (TO BE SENT TO FINANCIAL OFFICE ALONG WITH COMPLETED PETITION AND ORDER) Case Number

*****THIS PAGE SHALL NOT BE SCANNED*****

LETTER OF INSTRUCTION ORDER AND PETITION FOR RETURN OF CASH BAIL Use the enclosed form Order and Petition to obtain return of cash bail for a surety who has deposited money with the court on behalf of the defendant in a criminal matter for the purpose of a bail bond. 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. The Clerk will verify the signature on the petition and verify that the deposit was made. The petition and proposed order will then be sent to the appropriate Judge for consideration. If a payee on a return of a bond is different than the original payer, then legal documentation of the transfer of entitlement must be included with the petition. You must supply the court with the following approved documentation: 1. 2. Power of Attorney (NOTARIZED) NOTARIZED statement of the original payer designating or authorizing the release of funds to the petitioner together with an affidavit that the original payer is not an infant or incompetent (Example of a single and Dual assignment form are attached) If the payer is deceased: Documentation demonstrating that the petitioner is a beneficiary of such funds of the payer/decedent (NOTARIZED)

3.

After the order is signed, the petition and order will be returned to the Clerk and a check will be issued to the petitioner.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, Plaintiff V. Case No: Defendant(s) PETITION

To the Honorable Judge of the United States District Court for the Northern District of New York: Your petitioner, That your petitioner resides at: CITY STATE/COUNTRY respectfully shows:

Social Security Number of Petitioner: (LAST 4 DIGITS ONLY) That on(date) , the defendant herein gave bond before the

United States Magistrate Judge for his/her appearance to answer to the criminal charges against him/her, and your petitioner on the day aforesaid signed said bond as surety for the said defendant and deposited with said United States District Court the sum of $ .

1

That thereafter and on(date)

, the said defendant appeared

before this court. The charge, for which bail was posted, was finally determined by: Select Appropriate Disposition:

G G

Conviction and Sentence Dismissal

That said sum of money deposited with the United States District Court as aforesaid is the money of your petitioner and the right thereto has not been assigned. WHEREFORE, your petitioner respectfully prays that an order be entered releasing your petitioner as surety as aforesaid and that the Clerk of the Court be directed to remit to your petitioner said sum of $ bond. deposited in connection with said bail

Signature of Petitioner Dated: ,

2

State of County of City of Social Security #(LAST 4 DIGITS)

, being duly sworn, deposes and states that he/she is the petitioner in the above petition; that he/she has read the foregoing petition and knows the contents thereof and that the same are true of his/her own knowledge.

Signature of Petitioner

Sworn to before me this day of .

NOTARY PUBLIC My Commission Expires:

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TO BE COMPLETED BY THE CLERK'S OFFICE UPON RECEIPT OF THE PETITION 1. I, , Deputy Clerk have verified that the

signature on the petition appears to be the same as the signature on the Bail Bond filed with this Court on 2. .

G G

I have verified with the Financial Administrator that said funds are on deposit with the Court. (Check if Appropriate) The Petitioner is different than the original payee. Appropriate legal documentation of the transfer of entitlement is attached to this petition for the court's consideration. Self Surrender Cases: I have verified with the U.S. Marshal that the defendant reported to the designated Bureau of Prisons institution. The petition and supporting documents have been signed and notarized where appropriate.

3.

4.

G G

5.

Deputy Clerk Dated:

INSTRUCTIONS FOR THE CLERK FOLLOWING APPROVAL OF THE ORDER 1) 2) 3) Scan and Docket the petition and Order Forward the original petition and order to Leslie Carni in Syracuse The Financial Office will issue a check and the Syracuse office will make an entry on the docket regarding compliance with the order.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, Plaintiff V. Defendant. ORDER CRIMINAL NO.

Upon reading and filing the annexed petition, it is ORDERED; that the petitioner therein be and he/she hereby is released as surety on the bail bond of the defendant in the above entitled cause, and it is further ORDERED; that the Clerk of the Court remit to the petitioner the sum of ($ with said bail bond. ) deposited in connection

DATED: UNITED STATES DISTRICT JUDGE

****************************************************************************** RETURN ON ORDER I, this day of deputy clerk have complied with the Court's order .

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK IN THE MATTER OF: USA V. CRIMINAL NUMBER: SINGLE ASSIGNMENT FOR THE RETURN OF CASH BAIL

I, Dollars with
(AMOUNT) (MAGISTRATE JUDGE)

deposited

on
(DATE)

and thereto assign the right to
(ASSIGNEE (PETITIONER))

.

(ASSIGNOR)

Sworn to before me this day of

NOTARY PUBLIC