Upon the failure of a person released pursuant to this Chapter to appear as required, the court in which the action is pending may issue a warrant directing that the person be arrested and taken before it forthwith. COURT DECISIONS: D.C. GUAM APP. DIV. 1979. Where there is no evidence that defendant would not subsequently appear, he may not be arrested under this Section for violation of bail. People v. Anthony Ulloa, D.C.Guam 1979, Crim. #79-00065A. NOTE: Section 40.70 continues the substance of a portion of former § 1310. As to penalties for failure to appear, see § 40.90.
§ 40.75 Actions Allowed Upon Violation of Conditions or Failure to Appear. (a) When a person is brought before the court pursuant to §§ 40.65 or 40.70, or, when after a noticed hearing, the court finds that a person released pursuant to this Chapter has willfully violated the conditions imposed on his release or that a change in circumstances or new evidence shows a need for the imposition of different or additional conditions upon the person's release, the court may order the imposition of such conditions as are reasonably necessary to assure the person's appearance as required (and his compliance with any conditions imposed pursuant to this Chapter). (b) Notwithstanding Subsection (a), where the court finds that the person has willfully violated the conditions imposed on
his release or that an indictment or information has been filed charging the person with the commission of an offense while released in the pending action, the court may revoke the person's release. COURT DECISIONS: D.C. GUAM, APP. DIV. 1979. The fact that a defendant has been charged by police with an offense does not bring him within the provisions of Subsection (b), 8 GCA § 40.75. The defendant must have an indictment or information filed against him before Subsection (b) can be a ground for bail revocation. People v. Anthony Ulloa, D.C. Guam 1979, Crim. #79-00065A. This case may have been modified by the amendment of 8 GCA § 1.15 dealing when indictments, information and complaints may be brought. SUPERIOR COURT 1980. The Superior Court has jurisdiction to determine revocation of defendant's release while the defendant's appeal is pending. People v. James, Sup. Ct. 1980, Cr. #18S-80. NOTE: Section 40.70 is new. It is based on 18 U.S.C. § 3143 and ABA, Project on Minimum Standards for Criminal Justice Pretrial Release §§ 5.7, 5.8. (Approved draft 1968). See also 18 U.S.C. § 3146(e) and former