§ 16-84-109 — Irregularity of bail bond or recognizance

(a) No bail bond or recognizance shall be deemed to be invalid by: (1) Reason of any variance between its stipulations and the provisions of this chapter; (2) The failure of the judge or magistrate or officer to transmit or deliver the bail bond or recognizance at the times provided in this subchapter; or (3) Any other irregularity so that it is made to appear that the defendant was: (A) Legally in custody; (B) (i) Charged with the public offense; and (ii) Discharged from the offense by reason of the giving of the bond or recognizance; and (C) Can be ascertained from the bond or recognizance, that the surety undertook that the defendant should appear before a judge or magistrate for the trial of the offense. (b) (1) If no day is fixed for the appearance, or an impossible day, or a day in vacation, the bond or recognizance, if for his or her appearance before a judge or magistrate, shall be considered as binding the defendant so to appear and surrender himself or herself into custody for an examination of the charge in twenty (20) days from the time of his or her giving the bond or recognizance. (2) The bond or recognizance, if for his or her appearance for trial in court, shall be considered as binding the defendant to appear and surrender himself or herself into custody on the first day of the next term of the court which shall commence more than ten (10) days after the giving of the bond or recognizance.

Legislative History

Acts 1989, No. 417, § 5; 2005, No. 1994, § 271.