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Rule 46.4 – Sanctions for failure to appear or for violation of release order

May 14, 2021 | Criminal Procedure, Wyoming

(a) Contempt. –

Whoever having been released under Rules 46 through 46.4 knowingly fails to appear before a court as required by the conditions of release, fails to surrender for service of sentence pursuant to a court order, or fails to comply with any condition set by the court pursuant to Rule 46, 1(c), may be punished for contempt. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing, surrendering, or complying and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear, surrender, or comply and that the person appeared, surrendered or complied as soon as such circumstances ceased to exist.

(b) Declaration of forfeiture. –

If a person fails to appear before a court as required, or fails to comply with any condition set by the court pursuant to Rules 46.1(c) and the person executed an appearance bond, the judicial officer may, regardless of whether the person has been charged with an offense under this rule, declare any property designated pursuant to Rule 46.1 to be forfeited to the State of Wyoming.

(c) Violation of release condition. –

A person who has been released under Rule 46.1, 46.2, or Rule 46.3 and who has violated a condition of that release, is subject to a revocation of release and a prosecution for contempt of court.

(1) Revocation of Release. – The attorney for the state may initiate a proceeding for forfeiture of bond or revocation of an order of release by filing a motion with the court. A warrant may issue for the arrest of a person charged with violating a condition of release, and the person shall be brought before the court for a hearing. An order of revocation shall issue if, after a hearing, a judicial officer finds that there is:

(A) Probable cause to believe that the person has committed a federal, state, or local crime while on release; or
(B) Clear and convincing evidence that the person has violated any other condition of release.

If an order of revocation issues, the judicial officer shall again treat the person in accordance with the provisions of Rule 46.1 and may amend the conditions of release accordingly.

(2) Prosecution for Contempt. – A prosecution for contempt may be brought under Rule 42 if the person has violated a condition of release.

A person charged with an offense who is released upon the execution of an appearance bond with a surety may be arrested by the surety, and if so arrested, shall be delivered promptly to a sheriff and brought before a judicial officer. The judicial officer shall determine in accordance with the provisions of this rule whether to revoke the release of the person, and may absolve the surety of responsibility to pay all or part of the bond. The person so committed shall be held in official detention until released pursuant to Rule 46.1 or sentenced upon a finding of contempt under Rule 42.

Wyo. R. Prac. & P. 46.4

amended October 30, 1992, effective January 19, 1993 amended May 8, 2001, effective September 1, 2001