Bail; when forfeited · as in force on May 31, 2026
§ 570.42 Bail; when forfeited.
If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond or undertaking, the justice of the supreme court or county judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond or undertaking in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
If a prisoner released on bail fails to appear and surrender as the bond requires, the Supreme Court justice or county judge must forfeit the bond and order the prisoner’s immediate warrantless arrest in New York. The state may recover on the bond as it would on other criminal-case bonds. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.