19-2903. RIGHT TO BAIL — LIMITATIONS. Any person charged with a crime who is not released on his own recognizance is entitled to bail, as a matter of right, before a plea or verdict of guilty, except when the offense charged is punishable by death and the proof is evident or the presumption is great. The setting of bail on a bench warrant following a failure by a defendant to appear before the court as ordered and without sufficient excuse shall be determined under the provisions of section 19-2915, Idaho Code. In the discretion of the court, bail may be allowed in the following cases:
(1) After the defendant is found guilty or pleads guilty and before sentencing;
(2) While an appeal is pending from a judgment of conviction, an order withholding judgment or an order imposing sentence, except that a court shall not allow bail when the defendant has been sentenced to death or life imprisonment;
(3) Upon a charge of a violation of the terms of probation; and
(4) Upon a finding of a violation of the conditions of release pursuant to section 19-2919, Idaho Code.
History:
[19-2903, added 2009, ch. 90, sec. 2, p. 260; am. 2015, ch. 182, sec. 1, p. 586.]
Structure Idaho Code
Section 19-2901 - SHORT TITLE.
Section 19-2902 - STATEMENT OF POLICY.
Section 19-2903 - RIGHT TO BAIL — LIMITATIONS.
Section 19-2904 - BAIL, RELEASE ON RECOGNIZANCE AND CONDITIONS OF RELEASE.
Section 19-2905 - DEFINITIONS.
Section 19-2906 - ADMISSION TO BAIL.
Section 19-2907 - POSTING BAIL — SUFFICIENT SURETIES.
Section 19-2908 - CASH DEPOSIT APPLIED TO PAYMENTS OF FINES, FEES, COSTS AND RESTITUTION.
Section 19-2909 - PROPERTY BOND.
Section 19-2910 - SUBSTITUTION OF SUFFICIENT SURETIES.
Section 19-2911 - RELEASE OF DEFENDANT ON POSTING BAIL.
Section 19-2912 - INCREASING OR REDUCING BAIL.
Section 19-2913 - SURRENDER OF DEFENDANT.
Section 19-2914 - ARREST OF DEFENDANT FOR SURRENDER.
Section 19-2914A - BAIL ENFORCEMENT AGENTS.
Section 19-2915 - FORFEITURE OF BAIL.
Section 19-2916 - SETTING ASIDE ORDER OF FORFEITURE AND REINSTATING BAIL.
Section 19-2917 - MOTION TO SET ASIDE FORFEITURE.
Section 19-2918 - REMITTANCE OF FORFEITURE — PAYMENT OF BAIL.
Section 19-2919 - REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE.
Section 19-2920 - REVOCATION OF BAIL — INSUFFICIENT SURETY.
Section 19-2921 - ORDER OF RECOMMITMENT — READMITTANCE TO BAIL.