Title 16 — Practice, Procedure, And Courts

(1) As used in this chapter:(1) “Admission to bail” means an order from a competent court or magistrate that the defendant be discharged from actual custody on bail and fixing the amount of the bail;(2) “Direct supervision” means the person is in the physical presence of and acti…

(a) The following may take bail:(1) A judge, magistrate, or clerk of the court;(2) A sheriff or deputy sheriff with respect to any person committed to the common jail of the county;(3) Any law enforcement officer designated by a municipal police department with respect to any per…

(a) The surety shall be:(1) A professional bail bondsman acting through a professional bail bond company; or(2) A resident of the state, owner of visible property, over and above that exempt from execution, to the value of the sum in which bail is required, and shall be worth tha…

There shall be no rules, regulations, or requirements enacted by any judge, magistrate, sheriff, or other officer of the court, requiring any professional bail bondsman or professional bail bond company to post any sum of security in addition to that required by the Professional …

(a) The officer who takes bail shall be officially responsible for the sufficiency of the surety if taken other than through a professional bail bondsman. (b) If the surety is not a professional bail bondsman, and the defendant has not yet appeared before a judicial officer pursu…

No attorney, solicitor, or counselor at law or in equity, clerk, sheriff, chief of police, law enforcement officer, or other person concerned in the execution of any process, shall become a personal guarantor or surety in any criminal proceeding.

(a) The undertaking of the surety, other than by a professional bail bondsman, shall be substantially as follows: Click here to view form. (b) If the surety is a professional bail bondsman, the undertaking of the surety shall be in a form prescribed by the rules of the Profession…

No prosecution, appeal, nonresident, or attachment bond, nor any other statutory bonds of any party, plaintiff, or defendant in any court of justice, in this state, nor any recognizance in any criminal cause in this state, shall be declared null and void for the want of form if t…

(a) No bail bond or recognizance shall be deemed to be invalid by:(1) Reason of any variance between its stipulations and the provisions of this chapter;(2) The failure of the judge or magistrate or officer to transmit or deliver the bail bond or recognizance at the times provide…

(1) Before conviction, the defendant may be admitted to bail for his or her appearance:(1) Before a judge or magistrate for an examination of the charge, where the offense charged is a misdemeanor;(2) In the court to which he or she is sent for trial;(3) To answer an indictment w…

(a) During the trial of an indictment for a misdemeanor, the defendant may remain on bail. (b) However, for a felony when a defendant is upon bail, he or she may remain upon bail or be kept in actual custody as the court may direct. If the defendant remains on bail, any surety's …

All recognizances required or authorized to be taken in any criminal proceeding, in open court, by any court of record shall be entered on the minutes of the court, and the substance thereof shall be read to the person recognized.

(a) If the defendant is committed to jail and the application for bail is made to a judge or magistrate during vacation, it must be by written petition signed by the defendant or his or her counsel briefly stating the offense for which he or she is committed and naming the person…

(a) (1) At any time before the forfeiture of their bond, the surety may surrender the defendant or the defendant may surrender himself or herself to the jailer of the county in which the offense was committed.(2) However, the surrender must be accompanied by a certified copy of t…

(1) Notwithstanding any rule of criminal procedure to the contrary:(1) (A) Whenever the defendant is admitted to bail in a specified sum, he or she may deposit the sum with the proper city or county official in the city or county in which the trial is directed to be had and take …

(a) The court in which a prosecution for a public offense is pending may, by an order, direct the defendant to be arrested and committed to jail until legally discharged, after he or she has given bail, or deposited money in lieu thereof, in the following cases:(1) When by having…

(a) As used in this section, “offense that involves the taking of a minor or holding a minor without consent” does not mean an offense under § 5-26-501 et seq. (b) Unless waived by the court under subsection (c) of this section, a person arrested for a violation of trafficking of…

(a) The Administrative Office of the Courts shall report for any court that uses case management software the following data concerning bail for defendants on the court's docket:(1) The most serious charge a defendant is currently facing in the court;(2) (A) The amount of the ini…

(a) (1) (A) If the defendant fails to appear for trial or judgment, or at any other time when his or her presence in district court may be lawfully required, or to surrender himself or herself in execution of the judgment, the district court may direct the fact to be entered on t…

(a) Where money is deposited in lieu of bail with a city official, after the forfeiture and final judgment of the court, the city official shall make settlement with the city treasurer who shall deposit the funds to the credit of the city general fund. (b) Where money is deposite…

(a) No forfeiture of any appearance or bail bond shall be rendered in any case where a sworn statement of a licensed court-appointed physician is furnished the court showing that the principal in the bond is prevented from attending by some physical or mental disability or where …

(a) If a bail bond is granted by a judicial officer, it shall be conditioned on the defendant's appearing for trial, surrendering in execution of the judgment, or appearing at any other time when his or her presence in circuit court may be lawfully required under Rule 9.5 or Rule…