CHAPTER 29-08 BAIL 29-08-01. Bail defined

Bail is the security required and given for the release of a person who is in the custody of the law that the person will appear before any court in which the person's appearance may be required and that the person will do, or refrain from doing, such things as are stipulated in the bail bond or recognizance referred to in this chapter as the undertaking

29-08-02. Admission to bail defined - Delegation of authority by magistrate

Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody upon an undertaking with sufficient sureties for the defendant's appearance. Any magistrate or municipal judge in this state may designate, authorize, and appoint an additional person or persons to arrange, receive, and approve bail in cases involving traffic violations

29-08-03. Taking of bail defined

The taking of bail consists of the acceptance by a competent court or magistrate, or a legally authorized officer, of an undertaking with sufficient sureties for the appearance of the defendant in person, according to the terms of the undertaking, or that the sureties will pay to the state a specified sum

29-08-04. When bail must be taken

Superseded by N.D.R.Crim.P., Rule 46

29-08-05. Bail upon charge of murder in first degree

Superseded by N.D.R.Crim.P., Rule 46

29-08-06. Bail on appeal after conviction

Superseded by N.D.R.Crim.P., Rule 46

29-08-07. Amount of bail upon charge of larceny of livestock

Superseded by N.D.R.Crim.P., Rule 46

29-08-08. Admission to bail before conviction

Superseded by N.D.R.Crim.P., Rule 46

29-08-09. Admission to bail after conviction

Superseded by N.D.R.Crim.P., Rule 46

29-08-10. Bail in cases of illness

Superseded by N.D.R.Crim.P., Rule 46

29-08-11. Bail taken - Order of discharge

Superseded by N.D.R.Crim.P., Rule 46

29-08-12. Qualification of bail - Justification

Superseded by N.D.R.Crim.P., Rule 46

29-08-13. Fidelity and surety company may act as sureties on criminal undertaking for bail

Superseded by N.D.R.Crim.P., Rule 46

Page No. 1 29-08-14. Deposit of money or bonds as bail

Superseded by N.D.R.Crim.P., Rule 46

29-08-15. Bail after deposit of money or bonds

Superseded by N.D.R.Crim.P., Rule 46

29-08-16. Notice to state's attorney

Whenever admission to bail is a matter of discretion, the court, magistrate, or officer to whom application therefor is made shall require reasonable notice thereof to be given to the state's attorney of the county

29-08-17. Who may take bail

Superseded by N.D.R.Crim.P., Rule 46

29-08-18. Form of undertaking of bail

Superseded by N.D.R.Crim.P., Rules 46, 58

29-08-19. Who may make order admitting to bail on appeal

Superseded by N.D.R.Crim.P., Rule 46

29-08-20. Defendant may be arrested by bail

Superseded by N.D.R.Crim.P., Rule 46

29-08-21. Forfeiture of bail - Excuse - Disposition of traffic violation cases

Superseded by N.D.R.Crim.P., Rule 46

29-08-22. Increase or decrease of bail - Notice to state's attorney

The court in which a criminal action is pending, or a judge thereof, for good cause and with or without notice to the defendant, may increase or reduce the amount of bail. If the defendant applies for a reduction of the amount of bail, reasonable notice of such application must be given to the state's attorney of the county

29-08-23. Additional security may be required by court

Superseded by N.D.R.Crim.P., Rule 46

29-08-24. Action on undertaking - Defects not fatal

Superseded by N.D.R.Crim.P., Rule 46

29-08-25. When surety may be discharged

Superseded by N.D.R.Crim.P., Rule 46

29-08-26. Bail pending extradition

Pending the determination of habeas corpus proceedings, a person taken into custody under a warrant issued by the governor of this state upon the requisition of the governor of another state or territory at the discretion of the court or judge may be admitted to bail by the court or judge issuing the writ of habeas corpus

29-08-27. Jumping bail a misdemeanor

Repealed by S.L. 1975, ch. 106, ยง 673

29-08-28. Bail - Defendant's property

Except as otherwise provided in this section, moneys deposited as bail are the property of the defendant, whether deposited by the defendant or by a third person on the defendant's behalf. If bail moneys are deposited by a third person, the person must be notified at the time of Page No. 2 deposit that the moneys may be paid to the defendant upon final disposition of the case or applied to any fine, cost, or restitution imposed on the defendant. The person may direct, subject to further order of the judge, that the deposited moneys be released to that person upon final disposition of the case. When moneys are accepted by the court as bail, the judge shall order that the moneys received be deposited with the clerk of court. The clerk shall retain the moneys until the final order of the court disposing of the case. Upon release of the moneys held by the clerk, the moneys must be paid to the defendant or pursuant to the defendant's written direction or, unless otherwise ordered by the judge, as directed by a person who deposited moneys on behalf of the defendant. In the case of a conviction, the judge may order the moneys to be applied to any fine, cost, or restitution imposed on the defendant. The balance of the deposit, if any, must be paid to the defendant. Moneys deposited with the court or clerk of court as bail are exempt from garnishment, attachment, or execution

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