§ 16-88-205 - Recognizance required for certain defendants.
16-88-205. Recognizance required for certain defendants.
(a) When the order is made, the defendant, if not in custody and the offense charge is bailable, shall enter into recognizance with sufficient security for his or her appearance to answer the charges in the court to which the cause is to be removed, on the first day of the next term thereof, and not depart the court without leave.
(b) The recognizance may be taken by the court or judge making the order of removal or by any officer authorized by law to let to bail after indictment is found.
(c) When the recognizance is taken out of the court in which the cause is pending, it shall be filed with the clerk of the court as a part of the record in the cause.
(d) No order for the removal of a cause shall be effectual in the case of any defendant not in confinement or custody unless a recognizance is entered into as directed in this subchapter or unless the order of the removal is delivered before any juror is sworn in the cause.