{"jurisdiction": "us-ny", "code": "cpl", "section": "520.40", "citation": "CPL § 520.40", "heading": "Transfer of cash bail from local criminal court to superior court", "text": ["§ 520.40  Transfer of cash bail from local criminal court to superior", "court.", "When a local criminal court acquires control over the person of an accused and such court designates the amount of bail that the accused may post and such bail is posted in cash and subsequently the accused is arraigned in superior court where bail is fixed by such court, the accused may request that the cash bail posted in the local criminal court be transferred to the superior court. Notice of such request must be given to the person who posted cash bail. Upon such a request the superior court shall make an order directing the local criminal court to transfer the cash bail that it holds to the superior court for use in the superior court.  If there is an overage, the superior court shall order it be paid over to the person who posted the cash bail in the local criminal court.  If there is a deficiency, the accused shall post additional bail as directed by the superior court."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/520.40", "from_official_api": true, "plain_english": "- Where a **local criminal court** set bail, cash was posted, and the accused is later **arraigned in superior court** where bail is fixed, **the accused may request** that the local-court cash bail be **transferred up** to the superior court. ★\n- **Notice of the request must be given to the person who posted the cash bail.** ★\n- On the request, the **superior court orders the local court to transfer** the cash it holds.\n  - **Overage** → superior court orders it **paid over to the poster**.\n  - **Deficiency** → the **accused must post additional bail** as directed. ★\n\n---\n\n**★ Exam hits:**\n- **Nine authorized forms** of bail; the credit-card option may carry a **reasonable administrative fee**.\n- **Amount-only** fixing → bail posts only as **unsecured surety or unsecured appearance bond**; the alternative method needs **three or more** forms and **one must be unsecured or partially secured surety**.\n- Cash bail may be deposited with the **county treasurer (NYC: commissioner of finance), the court, or the sheriff**; on proof, release is **forthwith**.\n- **Cash bail stays the property of the poster** unless forfeited.\n- A bond binds **until sentence/termination**; shortening it needs notice to court + DA **at least 14 days** before it ends.\n- Partially-secured/unsecured affidavit must state income **for the past year and average over five years**.\n- Court may probe a **cash-bail** poster only with **reasonable cause** (on DA application) that the money isn't rightfully possessed or is crime-fruits; inquiry ends with an **order approving or disapproving** bail.\n- Cash-bail transfer up to superior court happens **only on the accused's request**, with **notice to the poster**; overage back to poster, deficiency made up by the accused.\n\n\n---\n*Verbatim statute:* [[CPL - Article 520]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/520.40", "publisher": "Elyphived LLC"}