Bellingham Municipal CourtRULE 15 BAIL Effective immediately, the following policy shall govern the calculation of bail for all criminal matters: 1) If the Court determines that the defendant is not likely to appear if released on personal recognizance, the Court may require conditions of release, including the posting of cash or bond, as provided by CrRLJ 3.2(b). 2) If the Court determines that the defendant poses a substantial danger to the public to commit a violent crime, intimidate witnesses, or otherwise unlawfully interfere with the administration of justice, the Court may require conditions of release, including posting of cash or bond to guarantee performance of release conditions, as provided by CrRLJ 3.2(d). Performance bail shall be posted in the Defendant's name, as required by CrRLJ 3.2(d)(6). Any bond posted to guarantee performance of release conditions ("performance bond") must be approved by the Judge or Commissioner in writing prior to the Defendant's release. 3) If the Court, upon issuing a bench warrant, determines that bail shall be "cash" or "cash only," the defendant may post an appearance bond in the amount of ten times the cash bail requirement in lieu of cash, prior to the defendant's first appearance in Court. If "cash" or "cash only" is not indicated on the bench warrant, the defendant may post either cash or bond in the amount specified. 4) The Court may apply cash bail posted in the defendant's name to pay the defendant's fines, penalties and costs on the present case or on any past due obligations to the Court. 5) In any case for which bail forfeiture in lieu of criminal prosecution has been authorized, bail must be received by the Court before arraignment unless previously authorized in writing by the Judge or Commissioner. 6) This rule shall be retroactively applied to all cases in which bail has previously been set. Click here to view in a PDF. |
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