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Court Rule

N535.1 Return of Deposits; Charges

RULE N535.1. RETURN OF DEPOSITS; CHARGES.
(a) Upon full and final disposition of the case, the issuing authority or the Clerk of Courts Criminal shall retain twenty per cent (20%) of the amount deposited, but in no event less than Fifty ($50.00) Dollars as administrative costs for the percentage cash bail program and shall return the balance to the defendant or the third party surety unless the balance is applied to pay a fine and costs of prosecution or to make restitution. The moneys retained shall be considered as earned at the time the bail undertaking is executed and the money is deposited by the defendant or the third party surety.
(b) If the Court, upon sentence, orders the defendant to pay a fine and costs of prosecution or to make restitution, the amount deposited by the defendant under the percentage cash bail program shall be first applied to the administrative costs as aforesaid or for general county use and then to the fine, costs, and restitution as ordered.
(c) Where a third party surety has deposited money under the percentage cash bail program or otherwise, the moneys deposited shall be first applied to the administrative costs as aforesaid. With the voluntary written authorization of the person who deposited the bail, any balance shall then be applied to the fine, costs, and restitution ordered by the Court.
(d) Upon authorization in writing of the defendant and the third party surety who posted the deposit, whatever balance of such deposit is repayable to the defendant or the third party surety may be paid to the defendant's attorney of record upon filing such written authorization with the Clerk of Courts Criminal.
(e) When a defendant or a third party surety has deposited a sum of money under the percentage cash bail program, then upon full and final disposition of the case, the deposit less the administrative costs and any amount applied to payment of fine, costs, and restitution as set forth above, shall be returned to the person who originally posted the deposit. Notice of the full and final disposition shall be sent by the Clerk of Courts Criminal to the person who originally posted money at his address of record. Any money not claimed within one hundred eighty (180) days from the time of full and final disposition of the case shall be deemed as fees and shall be forfeited to the use of the County of Northampton.
 
 
Adopted December 3, 1996; effective January 20, 1997.
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Created at 1/29/2016 10:31 AM by Vitek Gajewski
Last modified at 1/29/2016 10:31 AM by Vitek Gajewski
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