Rule of Criminal Procedure 13

## Rules of Criminal Procedure

* Rule 1 - Scope; Definitions
* Rule 2 - Interpretation
* Rule 3 - The Complaint
* Rule 4 - Arrest Warrants
* Rule 5 - Initial Appearance
* Rule 6 - Joinder
* Rule 7 - Discovery
* Rule 8 - Continuing Jurisdiction
* Rule 9 - Trial Procedure
* Rule 10 - Verdict
* Rule 11 - Criminal Contempt
* Rule 12 - Defendant's Presence
* **Rule 13 - Release from Custody**
* Rule 14 - Records
* Rule 15 - Victim's Rights

*See Stormwind Rules of Criminal Procedure.*

## Rule 13. Release From Custody.

### **A. Before Trial.**

At the time of the initial appearance, the magistrate shall make a determination regarding the terms of a defendant’s release.  To be considered are:

1. Public safety;
2. Seriousness of the offense charged;
3. Previous criminal record of the defendant; and
4. Likelihood of the defendant’s flight.

### **B. During Trial.**

A person released before trial continues on release during trial under the same terms and conditions. But the court may order different terms and conditions or terminate the release if necessary to ensure that the person will be present during trial or that the person’s conduct will not obstruct the orderly and expeditious progress of the trial.

### **C. Pending Sentencing or Appeal.**

The court may, at the magistrate’s reasonable discretion and upon a finding that the defendant will not flee or pose a danger to any other person or to the community, permit the defendant to continue on release between a finding of guilt and the sentencing or appeal.  The burden of establishing that the defendant will not flee or pose a danger rests with the defendant.

### **D. Revocation of Release.**

The court may, at the magistrate's reasonable discretion, revoke a defendant's release, providing one of the following conditions applies:

1. The defendant has violated the express terms of release, such as a failure to pay a bond, or failure to honor a restraining order;
2. The defendant has committed another criminal act during his release and is incarcerated; or
3. The defendant has failed to make a required appearance before the court.

The court may additionally hold any bond or bailment forfeit if the defendant has failed to make a required appearance before the court without valid cause, and does not present himself to the court within seven days.

## Commentary

The initial appearance process is covered under Rule 5.

Through this rule, we're attempting to afford defendants maximum RP opportunities while they're awaiting a trial. Bond is assessed according to the defendant's IC ability to pay--and may not be set at a level that would be beyond that ability. Deny it or don't, but don't play loopholes. And it will never be set in in-game money terms, so don't worry about working the AH to get back in the game.

Revocation of release is a doozy of an IC consequence. If you're unable to make your hearings or trials due to OOC considerations, please make sure to contact the magistrate as soon as possible and let him or her know; they can take it from there, rescheduling and passing on the word as need be. It's better to do this in advance, than to try to retcon it after it's already public record!

***This rule was created by Jeremaias-MoonGuard and Arranax-MoonGuard based upon the Federal Rules of Criminal Procedure of the United States of America.***