N.Y. Environmental Conservation Law 71-0209 – Convictions; bail forfeitures; failure to appear
§ 71-0209. Convictions; bail forfeitures; failure to appear.
Terms Used In N.Y. Environmental Conservation Law 71-0209
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. The trial court or clerk thereof shall certify to the commissioner the facts of any case involving a violation of any provision of this chapter, or of any rule, regulation or order adopted pursuant thereto,
(a) within five days of the date of conviction of such violation;
(b) within five days of a forfeiture of bail in such case; or
(c) within ninety days of a failure of the defendant to appear on the initial date of appearance, or any adjourned date for appearance or trial.
2. The commissioner may, by regulation, provide for the form and content of such certification and limit the violations for which certifications shall be required. Such certifications shall be presumptive evidence of the facts therein contained and may, in the discretion of the commissioner, be recorded in the records of the department. In the event a conviction which has been so recorded is subsequently reversed, the commissioner, upon receiving due notice thereof, shall record such fact in such records.
3. Upon the conviction of any person of a violation for which a certification must be made to the commissioner, pursuant to this section, the court or clerk shall also enter such conviction on any license or certificate issued by the department if such entry is required by the regulations of the commissioner.