Leh. Cnty. Pa. 535

As amended through February 1, 2020
Rule 535 - Return Of Cash Deposits. Charges

Upon full and final disposition of the case, the issuing authority or the Clerk of Courts-Criminal shall retain thirty per cent (30%) of the amount deposited, but in no event less than Ten ($10.00) Dollars, as administrative costs, which includes the Clerk's poundage fee for the percentage cash bail program and shall return the balance to the depositor, unless the depositor at the time the balance is to be returned otherwise agrees in writing. The thirty percent (30%) to be retained shall be considered as earned at the time the bail undertaking is executed and the cash is deposited by the defendant or the third party surety.

Leh. Cnty. Pa. 535

Amended effective 12/1/2015; revised effective 2/1/2020.

Comment: Nothing in this Rule is intended to preclude the application of the seventy per cent (70%) cash balance being applied to fines, costs, restitution, or, if funds remain after payment of fines, costs and restitution, to fees due the Defendant's attorney of record, if agreed to in writing by the depositor at the time the money would otherwise be returned to the depositor. See Pa.R.Crim.P. 535, the Comment to that Rule, and the Report of the Criminal Procedural Rules Committee, 33 Pa.B. 6409 (December 27, 2003).

Note: This Rule was part of the original bail rules numbered 4006, 4006A, 4006B, 4006C and 4006D. They were adopted by an order dated March 23, 1984, and published at 14 Pa.B. 833 et seq. (March 17, 1984).