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Bail Amounts and Warrants

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February 09, 2010, 08:54
BAP
Bail Amounts and Warrants
What is your county procedure for setting bond amounts in felonies? Our system has been set up so that when an officer gets an arrest warrant, he goes to the magistrate with a Probable Cause statement. The magistrate determines if PC is present. There is also a line on the warrant for a bond amount. How does this work in light of AG opinion DM-57 that says a JP can't set a bond by phone and you can't have pre-set bond amounts? Are we supposed to just issue the warrants and wait for a person to appear in front of the magistrate before any bond amount is set? What if the person is arrested out of our county? Do we not have any input into bond amount?
February 09, 2010, 09:02
JB
Amount entered on the warrant is just a recommendation. The actual bail amount is set following the defendant's arrest and appearance before a magistrate.

Yes, if the defendant is arrested in another jurisdiction, it can get tricky.