1. The magistrate may, by an order entered on the record, direct the defendant to be arrested and committed to jail until legally discharged, after the defendant has given bail or deposited money in lieu thereof, or otherwise is released pursuant to this chapter, when it satisfactorily appears to the court that the defendant has failed to appear as required, or the defendant has violated a condition of release, or when, after the filing of an indictment or information, the court finds the bail taken or money deposited is insufficient.
2. Such order for recommitment must recite generally the facts upon which it is founded, and must direct that the defendant be arrested and committed to the custody of the sheriff of the county in which such order is entered. The defendant may be arrested pursuant to such order, upon a certified copy thereof, in any county of the state.
3. If the order recites, as the ground on which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirements of the order; if made for any other cause and the offense is bailable, the court must cause a direction to be inserted in the order that the defendant be admitted to bail, in a sum to be stated in the order. [C51, §3243 – 3247; R60, §4995-4999; C73, §4601 – 4605; C97, §5520 – 5523; C24, 27, 31, 35, 39, §13637 – 13640; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §767.1 – 767.4; C79, 81, §811.7] 2023 Acts, ch 64, §101 Referred to in §331.653, 811.9 \n
Notes of Decisions
Cited in
4
cases, 1983–2011 · leading case:
State v. Anderson, 338 N.W.2d 372 (Iowa 1983).
State v. Anderson, 338 N.W.2d 372 (Iowa 1983).
· cites it 4× “It notes in this regard that Iowa Code section 811.7(1) (1981) provides that the court may order that a defendant who has been admitted to bail be recommitted to custody for a variety of reasons — a circumstance which the State suggests enforces the conclusion that bail…”
State v. Stradt, 556 N.W.2d 149 (Iowa 1996).
· cites it 14× “Iowa Code § 811.7 (1). Upon arrest, the defendant is still entitled to be admitted to bail unless the required appearance is for surrender to judgment upon conviction.”
State v. Williams, 445 N.W.2d 408 (Iowa Ct. App. 1989).
· cites it 2× “Defendant admits that both acts could result in incarceration. Additionally, both acts involve violation of a court order to appear at a scheduled appointment.”
State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011).
· cites it 2× “§ 811.7(1). If the defendant has failed to appear, the defendant “must be committed according to the requirements of the order.”
— Iowa Code § 811.7(1) — 2 cases
State v. Anderson, 338 N.W.2d 372 (Iowa 1983).
“It notes in this regard that Iowa Code section 811.7(1) (1981) provides that the court may order that a defendant who has been admitted to bail be recommitted to custody for a variety of reasons — a circumstance which the State suggests enforces the conclusion that bail…”
State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011).
“§ 811.7(1). If the defendant has failed to appear, the defendant “must be committed according to the requirements of the order.”
— Iowa Code § 811.7(3) — 1 case
State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011).
“§ 811.7(1). If the defendant has failed to appear, the defendant “must be committed according to the requirements of the order.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.