§ 215.59 Bail jumping and failing to respond to an appearance ticket;

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Terms Used In N.Y. Penal Law 215.59

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

defense.

In any prosecution for bail jumping or failing to respond to an appearance ticket, it is an affirmative defense that:

1. The defendant's failure to appear on the required date or within thirty days thereafter was unavoidable and due to circumstances beyond his control; and

2. During the period extending from the expiration of the thirty day period to the commencement of the action, the defendant either:

(a) appeared voluntarily as soon as he was able to do so, or

(b) although he did not so appear, such failure of appearance was unavoidable and due to circumstances beyond his control.