§ 16-84-107. Form of bond
(a) The undertaking of the surety, other than by a professional bail bondsman, shall be substantially as follows: (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 Professional Bail Bond Company and Professional Bail Bondsman Licensing Board. “A.B., being […]
§ 16-84-108. Bonds not void for want of form
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 the intent of the bond can be […]
§ 16-84-109. Irregularity of bail bond or recognizance
(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 provided in this subchapter; or (3) […]
§ 16-84-110. Bail before conviction
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 which has been found […]
§ 16-84-111. Bail during trial
(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 liability shall […]
§ 16-84-112. Entering of recognizance on court minutes
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.
§ 16-84-113. Application for bail
(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 persons offered as surety. […]
§ 16-84-114. Surrender of defendant
(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 the bail bond to be delivered […]
§ 16-84-115. Deposit of money in lieu of bail
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 from the official […]
§ 16-84-116. Recommitment after bail or deposit of money
(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 failed to appear, a […]