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