811.1 Bail and bail restrictions. All defendants are bailable both before and after conviction, by sufficient surety, or subject to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail: 1. A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of […]
811.10 Discharge of surety. When a defendant is admitted to bail by means of a surety bail bond pursuant to section 811.2, subsection 1, paragraph “a”, subparagraph (4), the obligation of surety shall be discharged, and the surety released, upon any of the following conditions: 1. Dismissal of the charges against the defendant. 2. Judgment […]
811.11 Bail after deferred judgment. Upon entry of an order by the court deferring judgment, effecting a discharge of the surety as required under section 811.10, the defendant may be admitted to bail, as a condition of the deferral of judgment. Admittance to bail under this section, if required by the court, requires a new […]
811.12 Limitations. 1. A person shall not take or attempt to take into custody the principal on a bail bond, either as a surety on a bail bond in a criminal proceeding or as an agent of such surety, unless such person has complied with all of the following, if applicable: a. Notification or registration […]
811.1A Detention hearing. 1. When a defendant is awaiting sentencing after conviction for a felony or is pursuing an appeal in such a case following sentencing, and the defendant would otherwise be eligible to be admitted to bail under this chapter, but it appears by clear and convincing evidence that if released the defendant is […]
811.2 Conditions of release — penalty for failure to appear. 1. Conditions for release of defendant. a. All bailable defendants shall be ordered released from custody pending judgment or entry of deferred judgment on their personal recognizance, or upon the execution of an unsecured appearance bond in an amount specified by the magistrate unless the […]
811.2A Pretrial release. Repealed by 2007 Acts, ch 215, §134 .
811.3 Qualification and examination of surety. 1. Insurance companies doing business in this state under the provisions of section 515.48, subsection 2, may act as surety. Resident owners of property which is located within the state and which is worth the amount specified in the undertaking, may act as surety, and must in all cases […]
811.4 Undertaking of bail as liens on real estate. Undertakings of bail, immediately after such undertakings are filed with the clerk of the district court, shall be docketed as liens on real estate, entered upon the lien index as required for judgments in civil cases, and from the time of such entries, shall be liens […]
811.5 Bail on appeal. After conviction, upon appeal to the appellate court, the defendant must be admitted to bail, if it be from the judgment imposing a fine, upon the undertaking of bail that the defendant will, in all respects, abide the orders and the judgment of the appellate court upon appeal; if from a […]
811.6 Forfeiture of bail. 1. A defendant released pursuant to this chapter shall appear at arraignment, trial, judgment, or such other proceedings where the defendant’s appearance is required. If the defendant fails to appear at the time and place when the defendant’s personal appearance is lawfully required, or to surrender in execution of the judgment, […]
811.7 Recommitment after bail. 1. The magistrate may, by an order entered on the record, direct the defendant to be arrested and committed to jail until legally discharged, after the defendant has given bail or deposited money in lieu thereof, or otherwise is released pursuant to this chapter, when it satisfactorily appears to the court […]
811.8 Surrender of defendant. 1. At any time before the forfeiture of the undertaking, the surety may surrender the defendant, or the defendant may surrender, to the officer to whose custody the defendant was committed at the time of giving bail, and such officer shall detain the defendant as upon a commitment and must, upon […]
811.9 Forfeiture of appearance bond and conditions to set aside. Sections 811.6 through 811.8 shall not apply in a case where a simple misdemeanor is charged upon a uniform citation and complaint and where the defendant has submitted an unsecured appearance bond or has submitted bail in the form of cash, check, credit card as […]
