If a defendant is not arrested on a warrant from the proper county:

Terms Used In North Dakota Code 29-21-23

  • 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.
  • county: includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes. See North Dakota Code 29-01-13
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

1.    The defendant must be discharged from custody; 2.    The defendant’s bail in the action must be exonerated; or

3.    Money deposited instead of bail must be refunded, as the case may be, and the sureties in the undertaking, as mentioned in section 29-21-21, must be discharged.