Washington Open Court Bail — RCW 10.19.065
Under Washington open court bail law (RCW 10.19.065), a defendant or surety may present a bail bond in open court during criminal proceedings rather than waiting for paperwork to be processed outside the courtroom. This statutory provision helps streamline bail processes for those involved in criminal cases and ensures that critical bail decisions aren’t delayed unnecessarily.
RCW 10.19.065 is part of the Washington bail and appearance bond chapter of the criminal procedure code. It reinforces a defendant’s right to have bail formally recognized and entered on the judicial record during a hearing before a judge or magistrate, which can be crucial early in the case.
What “Open Court” Bail Means
When bail is filed “in open court,” it means that:
- A bail bond is presented during a public court session;
- The judge or judicial officer acknowledges and accepts the bail on the record;
- The bond becomes part of the official court proceedings;
- It avoids potential delays from administrative processing.
In practical terms, this allows defense counsel, sureties, or defendants themselves to present a bail bond directly to the judge at the defendant’s first appearance or arraignment. The judge then evaluates the bond, confirms it meets statutory requirements, and enters it into the docket.
Why Washington Open Court Bail Matters
Washington open court bail serves several important purposes:
1. Ensures Timely Release
By allowing bail bonds to be accepted in court, defendants who qualify for release can get out of custody sooner, which helps them work, care for family, and prepare their defense.
2. Judicial Oversight
Filing bail in open court ensures a judge reviews and approves the bond, providing immediate oversight and confirmation that it satisfies legal standards.
3. Transparency and Recordkeeping
When bail is entered on the record, there’s a clear court docket entry reflecting the terms and amount, which avoids confusion or disputes later in the case.
How Open Court Bail Works in Practice
In criminal proceedings, open court bail typically happens as follows:
- Initial Appearance or Arraignment
During the defendant’s first court hearing, the defense can present a bail bond — either through an attorney or a licensed bail agent. - Judge Reviews the Bond
The judge ensures the bond complies with RCW requirements and that the surety is valid. - Acceptance and Entry
If accepted, the judge enters the bail bond into the official court record, and the defendant may be released once all conditions are met. - Conditions of Release
The judge may impose additional conditions — such as travel restrictions, supervision, or other requirements — depending on the charges and the defendant’s history.
Open court bail is not limited to any specific class of offense unless other statutes (such as RCW 10.19.055 for serious felonies) dictate otherwise.
Limitations and Considerations
While open court bail is helpful, there are some limitations:
- For Class A or B felonies, RCW 10.19.055 requires judicial determination of bail — meaning a judge must set it on an individualized basis.
- Bail bonds must still meet statutory standards in amount and form.
- A judge may set conditions of bail that go beyond simply filing a bond in court.
Understanding how these provisions interact is critical for criminal defense strategy.
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