2010 Wyoming Statutes
Title 7 - Criminal Procedure
Chapter 10 - Bail

CHAPTER 10 - BAIL

 

7-10-101. Right of defendant.

 

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

 

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

 

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

 

7-10-102. Matters governed by rules.

 

The rules promulgated by the Wyoming supreme court shall govern in all matters relating to the terms, amount and conditions of bail, justification of sureties and procedures for forfeiture, enforcement and 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 who is subsequently bound over to answer for a criminal offense in district court shall continue unless amended or revoked by the district court. The order of the court of limited jurisdiction admitting the defendant to bail, together with any cash, appearance bond or other security, shall be transmitted to the clerk 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 bailable offense may be admitted to bail by:

 

(i) A justice of the supreme court;

 

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

 

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

 

(iv) Repealed By Laws 2004, Chapter 42, 2.

 

7-10-105. Disposition of forfeited proceeds.

 

Any proceeds recovered as a result of the forfeiture of bail in any criminal case shall be paid into the county treasury to the credit of the public school fund of the county in which the defendant was admitted to bail.

 

7-10-106. Technical defects.

 

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

 

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