12-22-242
Section 12-22-242 Reversal of judgment. If the judgment is reversed, the appellate court may
order a new trial or that the defendant be discharged or that he be held in custody until
discharged by due course of law or make such other order as the case may require. If the defendant
is ordered to be discharged, no forfeiture can be taken on his undertaking of bail. (Code
1876, §4992; Code 1886, §4523; Code 1896, §4335; Code 1907, §6266; Code 1923, §3259;
Code 1940, T. 15, §390.)...
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15-13-80
Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension
of judgment, appeal or in any other case, is the appearance of the defendant at court; and
the undertaking is forfeited by the failure of the defendant to appear, although the offense,
judgment or other matter is incorrectly described in such undertaking, the particular case
or matter to which the undertaking is applicable being made to appear to the court. (b) If,
by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to such officer, official or employee authorized by law to receive
fines levied by such court. Thereupon the court shall, without any...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
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12-22-245
Section 12-22-245 Effect of undertaking when conviction reversed and case remanded. When the
judgment of conviction is reversed and the case remanded, such undertaking binds the defendant
to appear from time to time until discharged by law and to answer the charge, as in bail before
conviction, but the defendant is not bound to appear before the trial court pending his appeal.
(Code 1896, §4322; Code 1907, §6253; Code 1923, §3246; Code 1940, T. 15, §377.)...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of
all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment,
writ of error, or in any other case, is to ensure the appearance of the defendant in court,
and the undertaking is forfeited by the failure of the defendant to appear. If, by reason
of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to the officer, official, or employee authorized by law to receive
fines levied by the court. The court shall then, without any notice to defendant, render judgment
absolute for the entire sum deposited and the money shall then become public money of the
State General Fund or in bail forfeiture cases pending in the municipal courts...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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15-13-1
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 BAIL. The acceptance by a competent
court or magistrate, when authorized by law to grant bail, of sufficient bail for the appearance
of the defendant according to the legal effect of his undertaking or for the payment to the
state of a certain specified sum if he does not appear. (Code 1852, §§681, 682; Code 1867,
§§4232, 4233; Code 1876, §§4840, 4841; Code 1886, §§4406, 4407; Code 1896, §§4348,
4349; Code 1907, §§6328, 6329; Code 1923, §§3360, 3361; Code 1940, T. 15, §§185, 186;
Acts 1949, No. 199, p. 230.)...
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15-13-139
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases where the
sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture
has been made final or absolute and there is no further litigation pending on the forfeiture,
and the surety locates the defendant and causes the return of the defendant to the custody
of the court where the bond was forfeited, and if the defendant was substantially procured
by actions of the surety, and the administration of justice has not been thwarted nor the
successful prosecution of the defendant has been affected, then the court which ordered the
forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to
this article and within a period of six months from the date of issuance of any final forfeiture
judgment, to consider any costs to the state or its subdivisions which resulted as a cause
of the default, if any, and upon giving consideration thereto, may, in...
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