Section 15-13-1 Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ADMISSION TO BAIL. The order of a competent court or magistrate, when authorized by law to grant bail, that a defendant be discharged from actual custody on bail. (2) TAKING OF […]
Section 15-13-2 Allowance as matter of right prior to conviction. In all cases other than those specified in Section 15-13-3, a defendant, before conviction, is entitled to bail as a matter of right. (Code 1852, §684; Code 1867, §4235; Code 1876, §4843; Code 1886, §4416; Code 1896, §4358; Code 1907, §6338; Code 1923, §3371; Code […]
Section 15-13-3 (Effective upon ratification of the Constitutional Amendment proposed by Act 2021-201) Persons charged with capital murder; pretrial detention hearing; denial of bail in particular cases. THIS SECTION WAS AMENDED BY ACT 2021-267 IN THE 2021 REGULAR SESSION, EFFECTIVE JULY 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A defendant is […]
Section 15-13-4 Prisoners entitled to opportunity to give bail; release of prisoner on own recognizance. All judges or magistrates, when authorized by law to grant bail, shall take care that every prisoner in jail shall have an opportunity to give bail in cases in which a prisoner is entitled to bail. Any judge or magistrate, […]
Section 15-13-5 Discharge of defendant by sheriff or deputy after indictment for misdemeanor. (a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no case be less than $50.00. (b) If an […]
Section 15-13-6 Fixing of bail for felony; discharge of defendant by sheriff upon posting of bail. (a) When an indictment is filed in court charging the defendant with a bailable felony and the defendant fails to give bail in open court, the judge of the court must forthwith endorse on such indictment the amount of […]
Section 15-13-7 Amount to be endorsed on writ of arrest. ed upon an indictment, the clerk issuing the writ shall endorse on the writ an order to the sheriff to take bail of the defendant in the amount fixed by the judge and endorsed by him or her on the indictment, unless the defendant is […]
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals; procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an application for bail is made to any circuit judge and is refused, no subsequent application can be made, but the evidence in such case may be preserved […]