Whenever an accused person has been arrested for failure to appear before a court-martial for trial as provided in this chapter, the president of the court-martial or the summary court officer to whom the charges have been referred for trial may issue a warrant to a civil officer for the commitment of such person to prison or jail pending trial. In all such cases, the accused must be admitted to bail, the amount of bail fixed, and the surety or sureties thereon approved by the president of the court-martial or by the summary court officer issuing the warrant. In default of bail, such person must be confined pending trial.

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Terms Used In North Dakota Code 37-09-08

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.