Chapter 10 - Bail - Wyoming Statutes

CHAPTER 10 - BAIL

 

7-10-101. Right of defendant.

 

(a) A person arrested for an offense not punishable by deathmay be admitted to bail.

 

(b) A person arrested for an offense punishable by death may beadmitted to bail at the discretion of the authorized judicial officer asdefined by W.S. 7-10-104, except the defendant shall not be admitted to bail ifthe proof is evident or the presumption great in the case.

 

(c) During the pendency of an appeal in a bailable case, thejudge of the court having jurisdiction may admit the defendant to bail in anysum he deems proper. The judge allowing bail may at any time revoke or amendthe order admitting the defendant to bail.

 

7-10-102. Matters governed by rules.

 

The rules promulgated by the Wyoming supremecourt shall govern in all matters relating to the terms, amount and conditionsof bail, justification of sureties and procedures for forfeiture, enforcementand exoneration upon breach or default of the conditions of bail.

 

7-10-103. Continuation for defendant bound over to district court.

 

An order admitting to bail a defendant whois subsequently bound over to answer for a criminal offense in district courtshall continue unless amended or revoked by the district court. The order ofthe court of limited jurisdiction admitting the defendant to bail, togetherwith any cash, appearance bond or other security, shall be transmitted to theclerk of the district court and made a part of the record.

 

7-10-104. Authorized judicial officers.

 

(a) A person charged with the commission of any bailableoffense may be admitted to bail by:

 

(i) A justice of the supreme court;

 

(ii) A district judge or district court commissioner of thedistrict in which the person is charged; or

 

(iii) A circuit judge, or magistrate of the county in which theperson is charged.

 

(iv) Repealed By Laws 2004, Chapter 42, 2.

 

7-10-105. Disposition of forfeited proceeds.

 

Any proceeds recovered as a result of theforfeiture of bail in any criminal case shall be paid into the county treasuryto the credit of the public school fund of the county in which the defendantwas admitted to bail.

 

7-10-106. Technical defects.

 

In any proceeding to enforce or forfeitbail it shall be no defense that there was a failure by the court to note orrecord the default nor that there was a defect in the form of the appearancebond unless the defect misled the defendant to his prejudice.