DEFINITIONS
BAIL: Property given as surety that a person released from custody will return at an appointed time.
POLICE BAIL: The desk officer in charge at a police station, county jail or police headquarters, or any of his/her superior officers, may, in such place fix pre-arraignment police bail and, upon deposit thereof, issue and serve an appearance ticket upon the arrested person and release him/her from custody.
CASH BAIL: A sum of money, in the amount designated in an order fixing bail, posted by a principal or by another person on his/her behalf with a court or other authorized public servant or agency, upon the condition that such money will become forfeited to the people of the State of New York if the principal does not comply with the directions of a court requiring his/her attendance at the criminal action or proceeding involved or does not otherwise render themselves amenable to the orders and processes of the court.
FIX BAIL: A court fixes bail when, having acquired control over the person of a principal, it designates a sum of money and stipulates that, if bail in such amount is posted on behalf of the principal and approved, it will permit them to be at liberty during the pendency of the criminal action or proceeding involved .
SURETY: A surety is a person who agrees to be responsible for the debt or obligation of another. Furthermore, a surety is also a "security against loss or damage or for the fulfillment of an obligation, the payment of a debt, etc.; a pledge, guarantee, or bond.
POST BAIL: Deposit bail in the amount and form fixed by the court, with the court or with some other authorized public servant or agency. Cash bail is deposited with the Suffolk County Treasurer when the criminal action or proceeding is pending in SuffolkCounty.
FREQUENTLY ASKED QUESTIONS
WHEN IS BAIL RELEASED?
Police Bail is released after the defendant has appeared for his/her first court appearance. District Court, Sheriff’s, and County Court bail is released when the defendant’s case has been completed.
WHY AND WHEN IS BAIL FORFEITED?
Bail is forfeited when a defendant does not appear for their court case. Police Bail is forfeited when a defendant does not appear for the first court date. District Court, Sheriff’s and County Court bail is forfeited when a defendant fails to appear for any court date during the proceedings.
CAN FORFEITED BAIL BE REINSTATED?
Yes, bail may be reinstated if the defendant or his/her representative files an Order of Motion with the Judge indicating a valid reason for missing a court date. The Judge has the final decision on whether or not the bail will be reinstated .
WHEN IS BAIL RELEASED TO THE SURETY?
The respective court notifies the Suffolk County Department of Finance & Taxation that all conditions have been met and that bail may be released to the respective surety. No funds will be released unless the court has supplied the necessary information. Once this information is received, the check will be mailed in approximately two to six weeks.
WHY IS THERE A FEE DEDUCTED WHEN THE BAIL IS REFUNDED?
A 2% fee is deducted on Police Bail. Per Section 99M of the General Municipal Law, a 3% fee may be deducted on all other bail. If the defendant is found not guilty, the judge may order “do not deduct fee.
WHO SHOULD I CALL IF BAIL IS NOT RELEASED?
Please contact the District Court Cashier’s Office at 631-853-5641 to inquire about the status of bail posted.
I NEED TO ASSIGN ALL OR A PORTION OF MY BAIL TO ANOTHER PARTY—HOW DO I DO THAT?
You will need to complete an Assignment of Cash Bail pdf document. This document must be returned to the office of the Suffolk County Treasurer, and it must be notarized.
I’VE MOVED. WHAT DO I NEED TO DO?
You will need to complete a Change of Address pdf document. Proper ID will need to be provided.
I NEVER RECEIVED THE CHECK IN THE MAIL. HOW DO I GET A REPLACEMENT CHECK?
You will need to complete a Stop Payment Request pdf form. Proper ID will need to be provided. It may take up to 6 weeks to receive a replacement check.
WHO CAN OBTAIN INFORMATION ABOUT A BAIL CASE?
Only the surety, defendant and/or their legal representatives may obtain information on a specific bail matter.
I’VE FOUND A BAIL REFUND CHECK THAT WAS ISSUED MORE THAN SIX YEARS AGO. CAN I GET A NEW CHECK?
It may be possible to issue a new check to you if you can provide original documentation of the posted bail and that information is supported by our records.
COURT INFORMATION
BAIL INFORMATION: 631-853-5641
SUPREME COURT
Cohalan Court Complex 631-853-5368 400 Carleton Avenue Central Islip , New York
Arthur M. Cromarty Court Complex 631-852-2419 320 Center Drive Riverhead , New York
SURROGATE’S COURT 631-852-1745 320 Center Drive Riverhead , New York
COUNTY COURT 631-852-1462 Arthur M. Cromarty Court Complex 210 Center Drive South Riverhead, New York
FAMILY COURT 631-853-4318 Cohalan Court Complex 400 Carleton Avenue Central Islip, New York
DISTRICT COURTS—5 WESTERN TOWNS
1st District—Central Islip 631-853-4917
2nd District—Babylon 631-854-1121
3rd District— Huntington 631-854-4545
4th District—Smithtown 631-853-5408
5th District— Islip 631-854-9673
6th District— Patchogue 631-854-1440
TOWN JUSTICE COURTS—5 EASTERN TOWNS
East Hampton 631-324-4134
Riverhead 631-727-3200
ShelterIsland 631-749-8989
Southampton 631-287-5717
Southold 631-765-1852
Fishers Island 631-788-7054
SUFFOLK COUNTY DEPARTMENT OF FINANCE & TAXATION
OFFICE TELEPHONE NUMBERS
Bail Information 631-853-4638
Tax Hotline 631-852-3000
Administration 631-852-1500
Bankruptcies 631-852-1502
Tax Deed Redemption 631-853-5900
PLEASE NOTE: This material is for informational purposes only .