19-1507. BAIL. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody of the sheriff of the county in which the indictment is found, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench warrant a direction to the following effect, "or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment"; and the court, upon directing it to issue, must fix the amount of bail, and an endorsement must be made thereon and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of …. dollars."
History:
[(19-1507) Cr. Prac. 1864, secs. 260-262, p. 245; R.S., R.C., & C.L., sec. 7716; C.S., sec. 8853; I.C.A., sec. 19-1407.]
Structure Idaho Code
Section 19-1501 - PLACE OF ARRAIGNMENT.
Section 19-1502 - PRESENCE OF DEFENDANT.
Section 19-1503 - ORDER FOR PRODUCTION OF DEFENDANT.
Section 19-1504 - ISSUANCE OF BENCH WARRANT.
Section 19-1505 - CLERK TO ISSUE WARRANT.
Section 19-1506 - FORM OF BENCH WARRANT.
Section 19-1508 - SERVICE OF WARRANT.
Section 19-1509 - PROCEEDINGS ON GIVING BAIL.
Section 19-1510 - INCREASING BAIL.
Section 19-1511 - COMMITMENT OF DEFENDANT.
Section 19-1512 - RIGHT TO COUNSEL.
Section 19-1514 - ARRAIGNMENT, HOW MADE.