Bail and Recognizance
§ 12-13-2 Warrant for apprehension of
Any court before which an indictment or information shall be found or be
pending, and any court before which a complaint shall be made or be pending,
against any person for an offense of which the court has cognizance, may issue
a warrant directed to each and all deputy sheriffs, town sergeants, and town
constables within the state requiring them to apprehend the person and bring
him or her before the court, if the court is in session, or if not, to commit
him or her to jail in the county in which the indictment, information, or
complaint is pending, there to be kept until he or she shall be brought before
the court, or until he or she shall give recognizance before some person
authorized to take recognizance for the offense, with sufficient surety or
sureties in the sum named in the warrant, if any sum is named in the warrant,
and, if not, in the sum as the person taking the recognizance shall deem
reasonable if the offense is bailable, to appear before the court in which the
indictment, information, or complaint is pending, at the time required by the
person so taking the recognizance, and to answer the indictment, information,
or complaint; provided, that the prisoner may give the recognizance while in
the custody of the officer before he or she is committed to jail before some
person authorized to take recognizance for the offense, and upon taking
recognizance the officer shall discharge the prisoner from his or her custody.
The officers to whom the warrant shall be directed are required to obey and
execute it, and in its execution shall be protected from obstruction and
assault, as in the service of other process.
History of Section.
(G.L. 1896, ch. 285, §§ 10-12; G.L. 1909, ch. 354, §§
10-12; G.L. 1909, ch. 354, § 19; P.L. 1915, ch. 1261, § 1; G.L. 1923,
ch. 407, § 19; G.L. 1938, ch. 625, § 19; G.L. 1956, § 12-13-2;
P.L. 1972, ch. 169, § 21; P.L. 1974, ch. 118, § 12; P.L. 2012, ch.
324, § 44; P.L. 2015, ch. 260, § 23; P.L. 2015, ch. 275, §