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Subject: Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings Publication / Adopted Date:June 13, 1979
Topic:Misdemeanors or Felonies - Right to Release - ConditionsRevised / Effective Date:September 1, 1994

33.01. Misdemeanors or Felonies - Right to Release - Conditions

(a) Any person charged with a bailable offense shall be entitled to be released pending trial. Any person convicted of an offense entitled to be released upon appeal shall be released upon appeal until adoption by the court of an opinion affirming the judgment of conviction. The affirming court may, by special order, permit the defendant to remain on bond after affirmance pending determination of after-affirmance motions or applications.

(b) The court shall set such conditions for release as will reasonably assure the appearance of the accused.

(c) The release shall be upon condition that the accused will appear in the court, or in any other court, trial or appellate, in which the case may be prosecuted or appealed, from time to time as required to answer the criminal charge; that he will submit to the orders, judgment and sentence and process of any court having jurisdiction thereof; and that he will comply fully with any conditions imposed by the court in granting release.

(d) The court shall in all cases release the accused upon his written promise to appear, unless the court determines that such release will not reasonably assure the appearance of the accused. If the court so determines it shall impose one or more of the following conditions for his release which will reasonably assure such appearance:

(e) In determining which conditions of release will reasonably assure appearance, the court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character, mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings.

(f) A court releasing a person under this Rule shall enter an order stating the conditions imposed. The court shall inform such person of the conditions imposed and of the penalties applicable to violations of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended May 18, 1981, eff. Jan. 1, 1982; Jan. 25, 1994, eff. Sept. 1, 1994.)