Section 6.4602. Setting.
The Court may set bail
upon issuance of an arrest warrant by endorsement on the warrant, or at any time
prior to conviction. The Court may release a person following a stay of
execution of sentence.
Section 6.4603. Notice by Police.
When an arrested person,
for whom the Court has not set bail or to whom has once denied bail in the case
of murder in the first degree, notifies a police officer that he wants to give
bail, the police officer through his chain of command notifies the Court which
may order the appearance of the arrested person before the
Court.
Section 6.4604. Amount.
The Court sets bail in an
amount which it finds will insure the accused's presence in the future, taking
into account the nature and circumstances of the offense charged, the weight of
the evidence against the accused, the danger the accused poses to the community,
and the accused's financial ability and character.
Section 6.4605. Form and
disposition; sureties.
The Court may accept cash
or bonds or notes of the United States as bail. Upon giving of a bail bond
the Court may require a surety. The Court may accept a person of good
standing in the community who is in a position of moral or customary authority
over the accused, such as his father or the head of his extended family group,
as surety without the pledging of property if the [the] Court considers that the
surety will reasonably guarantee the appearance of the accused. Otherwise,
a surety is not acceptable unless the combined net worth beyond all just debts
and obligations is not less than the amount of the bond. The Court may
require a surety to furnish proof of his sufficiency by oath or otherwise.
The Clerk of Court has custody of all property, money and materials given
as bail.
Section 6.4606. Modification.
For cause shown the Court may increase or decrease the amount of bail, require an additional surety, or allow a substitution of surety. If the Court requires an increase with [in] the amount of bail or an additional
surety, it may order the accused's detention unless he gives bail in the
increased amount or furnishes the additional surety.
Section 6.4607. Exoneration and release.
Upon the satisfaction of
bail conditions, a deposit of cash in the amount of a bail bond, or a timely
surrender of the accused into custody, the Court exonerates an obligor and
releases the bail.
Section 6.4608. Personal
recognizance.
In the case of arrest for a misdemeanor the Court may order an accused's release on personal recognizance in a sum set by the Court, or without
security, into the custody of a responsible member of the community, if the
accused's usual place of abode or business or employment is in the
State.