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Discharge or Extension of Bond by Court

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The superior or state court, as the case may be, may discharge the bond at any time unless a motion is made to extend it, accompanied by evidence to satisfy the court of the necessity of the extension.

(Orig. Code 1863, § 4633; Code 1868, § 4657; Code 1873, § 4755; Code 1882, § 4755; Penal Code 1895, § 1241; Penal Code 1910, § 1323; Code 1933, § 76-204.)

OPINIONS OF THE ATTORNEY GENERAL

Duties of superior court.

- Superior court must take hold of and finally dispose of all peace warrant cases, and determine upon whom the costs of the warrant shall fall. 1958-59 Op. Att'y Gen. p. 56.

Hearing on motion to extend or discharge bond.

- After a good behavior or peace bond has been properly returned to the court, the court should grant a hearing on a motion to discharge or extend the bond. 1978 Op. Att'y Gen. No. U78-50.

When costs collected.

- It is not lawful to collect any costs in a peace warrant case until after the warrant shall have been returned to and passed upon by the superior court. 1958-59 Op. Att'y Gen. p. 56.

CHAPTER 7 PRETRIAL PROCEEDINGS Article 1 General Provisions.

17-7-1. Jailing of prisoners where no jail in county or when deemed necessary by sheriff; fees and costs; authority to levy and collect tax.
17-7-2. When sheriff not required to receive prisoner from another county.
17-7-3. List of children in detention pending trial provided to chief judge and prosecuting attorney.

Article 2 Commitment Hearings.

17-7-20. Persons who may hold courts of inquiry; procedure where offense committed in county which is member of regional jail authority.
17-7-21. Holding of court of inquiry by several judicial officers; procedure for deciding questions.
17-7-22. Powers of presiding officer in court of a municipal corporation to bind over or commit criminal offenders to jail.
17-7-23. Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126.
17-7-24. Time granted parties to prepare case and to secure counsel; granting of bail where hearing delayed.
17-7-25. Power of court to compel attendance of witnesses.
17-7-26. Authority to require bonds to secure appearance of witnesses.
17-7-27. Sheriffs and constables to accept bond for appearance of witnesses; approval of sureties by sheriff.
17-7-28. Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify.
17-7-29. Commitment of defendant for different offense than stated in warrant.
17-7-30. Form of commitment.
17-7-31. Endorsement of names of state's witnesses on warrant.
17-7-32. Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail.
17-7-33. Billing and payment of costs of justice of the peace and constable [Repealed].
17-7-34. Effect of informality in commitment or prior proceedings.

Article 3 Indictments.

17-7-50. Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period.
17-7-50.1. Time for presentment of child's case to a grand jury; exception.
17-7-51. Special presentments treated as indictments; entry upon minutes; prosecutions upon special presentments.
17-7-52. Procedure for indictment or special presentment of peace officer for crime in performance of duties; notification; rights of officer.
17-7-53. Operation of two returns of "no bill" on charge as bar to future prosecution for same charge.
17-7-53.1. Quashing of second grand jury indictment or presentment bars further prosecution.
17-7-54. Form of indictment by grand jury.
17-7-55. Empaneling concurrent grand juries.

Article 4 Accusations.

17-7-70. Trial upon accusations in felony cases; trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived.
17-7-70.1. Trial upon accusations in certain felony and misdemeanor cases; trial upon plea of guilty or nolo contendere.
17-7-71. Trials of misdemeanors; trial of misdemeanor motor vehicle violations; form and contents of accusations; amendment of accusation; service of amendment upon defendant; continuances.
17-7-72. Jurisdiction of probate courts to try certain drug and alcohol offenses.
17-7-73. Trial of litter offenses upon summons or citation without accusation.

Article 5 Arraignment and Pleas Generally.

17-7-90. Issuance of bench warrant; execution; receiving bail, fixing bond, and approving sureties.
17-7-91. Date of arraignment; notice; service of notice and fee therefor; notice to surety on bond; arraignment; receipt and entering of plea; establishment of time for trial; effect of appearance and plea on notice requirement.
17-7-92. Service of notice of filing of indictment, special presentment, or accusation against corporation; return of service; failure of corporation to appear or enter plea; judgment and execution against corporate property.
17-7-93. Reading of indictment or accusation; answer of accused to charge; recordation of "guilty" plea and pronouncement of judgment; withdrawn guilty pleas; pleas by immigrants.
17-7-94. Recordation and effect of plea of "not guilty" or of standing mute.
17-7-95. Plea of nolo contendere in noncapital felony cases; imposition of sentence; use of plea in other proceedings; use of plea to effect civil disqualifications; imposition of sentence upon plea deemed jeopardy.
17-7-96. Prosecuting officer to enter arraignment and plea on indictment or accusation.
17-7-97. Proceedings upon failure of clerk to record arraignment and plea; effect of proceedings.

Article 6 Demurrers, Motions, and Special Pleas and Exceptions. Part 1 GENERAL PROVISIONS.

17-7-110. Time for filing pretrial motions.
17-7-111. Demurrers and special pleas to be in writing; right to plead "not guilty" if demurrer or plea denied.
17-7-112. Plea of misnomer.
17-7-113. Time for making exception to form of indictment or accusation.

Part 2 INSANITY AND MENTAL INCOMPETENCY.

17-7-129. Mental capacity to stand trial; release of competency evaluation to prosecuting attorney.
17-7-130. Proceedings upon plea of mental incompetency to stand trial.
17-7-130.1. Evidence as to defendant's sanity at time of offense; examination and testimony by psychiatrist or psychologist.
17-7-131. Proceedings upon plea of insanity or mental incompetency at time of crime.

Part 3 CHANGE OF VENUE.

17-7-150. Procedures for change of venue; transfer of case; appeal from denial of change of venue.
17-7-151. Transfer upon change of venue of evidence, list of witnesses, and papers; issuance of subpoenas to witnesses and others by clerk of court selected to try case.
17-7-152. Subsequent changes of venue.

Article 7 Demand for Trial; Announcement of Readiness for Trial.

17-7-170. Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial; special pleas of incompetency.
17-7-171. Time for demand for speedy trial in capital cases; discharge and acquittal when no trial held before end of two court terms of demand; counting of terms in cases in which death penalty is sought; special pleas of incompetency.
17-7-172. Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial.

Article 8 Procedure for Securing Attendance of Witnesses at Grand Jury or Trial Proceedings.

17-7-190. Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed.
17-7-191. Subpoena process for witnesses of defendant; when subpoenas may be extended to witnesses outside of county.
17-7-192. Continuance for nonattendance of witnesses not subpoenaed by defendant.

Article 9 Discovery [Repealed].

17-7-210, 17-7-211. [Repealed].

RESEARCH REFERENCES

Controlling Trial Publicity, 1 Am. Jur Trials 303.

Coram Nobis Practice in Criminal Cases, 18 Am. Jur. Trials 1.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Delivery of accused offenders from court-martial jurisdiction to civil authority for trial, § 38-2-347.

Detainers requesting that Department of Offender Rehabilitation retain custody of inmate pending delivery of inmate to proper authorities to stand trial upon pending indictment or accusation, T. 42, C. 6.

Motions, demurrers, special pleas, and certain items in criminal matters, Uniform Superior Court Rules, Rule 31.

RESEARCH REFERENCES

ALR.

- Civil liability of witness in action under 42 USCS § 1983 for deprivation of civil rights, based on testimony given at pretrial criminal proceeding, 94 A.L.R. Fed. 892.

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