Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 142. Authority to admit to bail

(a) In the absence of the judge, a person arrested and charged with a criminal offense which may be tried by the Territorial Court, may, before his appearance before the judge, be admitted to bail by the clerk of the Court; and in the absence of the judge and the clerk, may be admitted to bail by the chief of police or a public official, other than the arresting officer, designated for such purposes by the judge.

(b) In any case in which the judge may admit to bail, the judge may authorize the taking of the recognizance by the clerk or deputy clerk of the court or the chief of police or a public official, other than the arresting officer, in the amount fixed by the judge.

Attorney General Opinions

Absence

Where neither the judge nor the clerk of court can be located within a reasonable time they are "absent" within meaning of this rule. 4 V.I. Op.A.G. 9.

A "reasonable time", within meaning of this rule, would vary depending on the circumstances. 4 V.I. Op.A.G. 9.

Construction

Subsection (a) of this rule creates the chain of authority for setting bails in misdemeanor cases and allows the chief of police to set bail in the absence of the judge and clerk. 4 V.I. Op.A.G. 9.

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