Title 8 — Criminal Procedure

to modify its prior release order on a showing that such modification is needed. Subsection (b), on the other hand, is more limited in that the court must find either that there have been willful violations of his prior order or that a court or grand jury has found probable cause…

At his first appearance before a judge of the Superior Court, every person charged with an offense shall be ordered released pending trial in the manner and subject to the conditions provided by §§ 40.15 and 40.20. NOTE: Section 40.10 is an introductory provision comparable to th…

Permitted. (a) As used in this Section, ‘release on own recognizance’ means release of the person charged without bail and upon his written agreement to appear in court at all required times and places and to fully comply with any other court-ordered conditions and restrictions. …

Where the judge determines that release of the person charged on his/her own recognizance will not reasonably assure his/her appearance as required, or will endanger the safety of any other person or the community, the judge shall impose the least onerous of the following conditi…

(a) Where a bond secured by a surety is required pursuant to this Chapter, the judge may require the person seeking to be the surety to show by affidavit that he is worth the amount of the bond and is otherwise responsible. In the affidavit the person may be required to describe …

Where a person is released pursuant to this Chapter on an appearance bond secured by a surety, and it is thereafter shown, on noticed motion, that the surety is no longer worth the required amount or has become otherwise insufficient, the court may order the furnishing of such ad…

Clerk. A person released pursuant to this Chapter on the condition that an appearance bond secured by a qualified surety be furnished, may, at any time before declaration of forfeiture, deposit with the clerk of the court a sum equal to the amount of the bond, and upon the deposi…

Any deposit required or authorized as a condition of release may be made by the person released or by any other person. A receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the payment of a fine, the clerk shall, un…

Any person released pursuant to this Chapter on a deposit by a third person or an appearance bond secured by a surety, may be arrested by the depositor, surety, or his agent, and delivered to the custody of the Chief of Police. The depositor or surety shall at the same time deliv…

(a) A person for whom conditions of release are imposed pursuant to this Chapter, and who after twenty-four (24) hours from the time of release hearing continues to be detained as a result of his inability to meet the conditions of release, shall, upon application, be entitled to…

tions. (a) Whenever a person is released pursuant to this Chapter, the judge authorizing such release shall issue an order which contains a statement of the conditions imposed, if any, informs the person of the penalties applicable to violations of the conditions of his release, …

by Prosecutor; Additional Restrictions Listed. (a) At the first appearance or at any time thereafter, upon the application of the prosecuting attorney and a showing that there exists a danger that the person charged will commit an offense or will seek to intimidate witnesses, or …

Conditions. (a) Upon the ex parte application of the prosecuting attorney and a showing that the person charged has willfully violated the conditions of his release, any judge may issue a warrant directing that the person be arrested and taken forthwith before the court in which …

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 evi…

Failure to Appear.

(a) In any case in which a person is detained or released on a condition requiring him to return to custody after specified hours, after review of his application pursuant to § 40.50, or in which a person's release is revoked pursuant to § 40.75, an appeal may be taken. (b) Any o…

tions. (a) A person who has been convicted of an offense and is either awaiting sentence or has filed an appeal, shall be released pursuant to §§ 40.15 or 40.20 pending the imposition of sentence or the final determination of the appeal, by the court having jurisdiction of the ca…

Underlying Offense is Felony; Misdemeanor if Misdemeanor. (a) Any person released pursuant to this Chapter who willfully fails to appear before any court or judge as required is: (1) guilty of a felony, if he was released in connection with a charge of felony, or while awaiting s…

(a) Upon the declaration of a forfeiture pursuant to § 40.90, the clerk of the court shall mail notice of the forfeiture to any surety or depositor, other than the person required to appear. The clerk shall execute an affidavit of mailing and place it in the court's file in the c…