15-9-43
Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of
bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable
by death or life imprisonment under the laws of the state in which it was committed, the district
or circuit court judge must admit the person arrested to bail by bond or undertaking, with
sufficient sureties and in such sum as he deems proper, for his appearance before him at a
time specified in such bond or undertaking, and for his surrender, to be arrested upon the
warrant of the Governor of this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)...

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15-10-46
Section 15-10-46 Copy of arrest writ to be delivered to jailer. When any defendant is committed
to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of
the writ, which copy is as good authority for the detention of the defendant as the original
writ. (Code 1852, §610; Code 1867, §4162; Code 1876, §4833; Code 1886, §4401; Code 1896,
§5257; Code 1907, §6290; Code 1923, §3284; Code 1940, T. 15, §175.)...
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15-11-5
Section 15-11-5 Issuance of alias arrest warrant upon default. On the failure of the defendant
to appear on the day to which an examination is adjourned, another warrant of arrest may be
issued, upon which the same proceedings may be had against the defendant as on the original
warrant. (Code 1852, §457; Code 1867, §4006; Code 1876, §4676; Code 1886, §4283; Code
1896, §5232; Code 1907, §7597; Code 1923, §5230; Code 1940, T. 15, §132.)...
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15-7-20
Section 15-7-20 Discharge of defendant - By arresting officer. When the offense described in
an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff
or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance
at the next term of the court having jurisdiction of the offense to answer any indictment
which may be found against him therefor; and, if such court is in session, for his appearance
at such court. (Code 1852, §440; Code 1867, §3989; Code 1876, §4659; Code 1886, §4275;
Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T. 15, §124.)...
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12-22-246
Section 12-22-246 Proceedings when undertaking forfeited. When any undertaking of bail under
the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant
to surrender himself to the sheriff or to appear and answer the charge, according to the terms
and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture
of other undertakings of bail in the circuit court. (Code 1852, §756; Code 1867, §4307;
Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247;
Code 1940, T. 15, §378.)...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-13-123
Section 15-13-123 Surety discharged - Failing to accept detainer. In all cases where any law
enforcement officer, as described in Section 15-13-122, who has custody of a defendant for
which a surety presents to the officer a bondsman's process in order to place a detainer on
the defendant, refuses to accept and place a detainer on the defendant or in detainer cases
where the defendant is released and the surety is not notified or given the opportunity to
arrest the defendant as set out in Section 15-13-122, the surety shall be exonerated of all
liability on the bail by the court having jurisdiction over the bail. (Acts 1993, No. 93-677,
p. 1259, §24.)...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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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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15-13-111
Section 15-13-111 Kinds of bail. For persons arrested and taken into custody, there shall be
four kinds of bail used in this state. No other form of bail may be approved and accepted
by any judicial officer, court clerk, magistrate, or any other person designated to accept
and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive.
The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional
surety bail. Their definitions are as follows: (1) CASH BAIL. Cash bail is when the defendant
or some person on behalf of the defendant deposits cash in an amount equal to a part or the
total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to Division 9. (2) JUDICIAL PUBLIC BAIL.
Judicial public bail is the release of any defendant without any condition of an undertaking
relating to, or a deposit of, security. Such bail shall be granted...
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