§ 15-13-105 — Order of Bail in Warrantless Arrest Cases

In cases where a defendant is arrested without a warrant for an offense that is bailable as a matter of right and taken into custody and there is no standard bail schedule prescribed by the presiding judge of the court of jurisdiction for the amounts of bail for the arrests without warrants, then the arresting officer, as soon as possible, shall contact a judicial officer for an order of bail. If the arresting officer is unable to contact the judicial officer having jurisdiction of the case, the arresting officer may contact any judicial officer having the authority to set bail in that judicial circuit to issue the order of bail. If no judicial officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail shall be set by operation of law and the amount of bail shall be that amount prescribed as the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided, however, in violation and misdemeanor cases the minimum amount of bail shall be three hundred dollars ($300) for each offense charged. The judicial officer may also fix the amount of bail on the indictment.

Legislative History

(Acts 1993, No. 93-677, p. 1259, §6; Act 2021-267, §2.)