WY · rules
W.R.Cr.P. 46.4
Sanctions for Failure to Appear or for Violation of Release Order
(a) Contempt. — Whoever having been released under Rules 46 through
46.4 knowingly fails to appear before a court as required by the conditions of
release, fails to surrender for service of sentence pursuant to a court order, or
fails to comply with any condition set by the court pursuant to Rule 46.1(c),
may be punished for contempt. It is an affirmative defense to a prosecution
under this section that uncontrollable circumstances prevented the person
from appearing, surrendering, or complying and that the person did not
contribute to the creation of such circumstances in reckless disregard of the
requirement to appear, surrender, or comply and that the person appeared,
surrendered or complied as soon as such circumstances ceased to exist.
(b) Declaration of forfeiture. — If a person fails to appear before a court as
required, or fails to comply with any condition set by the court pursuant to
Rule 46.1(c) and the person executed an appearance bond, the judicial officer
may, regardless of whether the person has been charged with an offense under
this rule, declare any property designated pursuant to Rule 46.1 to be forfeited
to the county in which the defendant was admitted to bail. Such property shall
be paid into the county treasury to the credit of the county’s public school fund
in accordance with Wyo.Stat.Ann. § 7-10-105.
(c) Violation of release condition. — A person who has been released under
Rule 46.1, 46.2, or Rule 46.3 and who has violated a condition of that release,
is subject to a revocation of release and a prosecution for contempt of court.
(1) Revocation of Release. — The attorney for the state may initiate a
proceeding for forfeiture of bond or revocation of an order of release by filing
a motion with the court. A warrant may issue for the arrest of a person
charged with violating a condition of release, and the person shall be brought
before the court for a hearing. An order of revocation shall issue if, after a
hearing, a judicial officer finds that there is:
(A) Probable cause to believe that the person has committed a federal,
state, or local crime while on release; or
(B) Clear and convincing evidence that the person has violated any
other condition of release.
If an order of revocation issues, the judicial officer shall again treat the
person in accordance with the provisions of Rule 46.1 and may amend the
conditions of release accordingly.
(2) Prosecution for Contempt. — A prosecution for contempt may be
brought under Rule 42 if the person has violated a condition of release.
A person charged with an offense who is released upon the execution of an
appearance bond with a surety may be arrested by the surety, and if so
arrested, shall be delivered promptly to a sheriff and brought before a
judicial officer. The judicial officer shall determine in accordance with the
provisions of this rule whether to revoke the release of the person, and may
absolve the surety of responsibility to pay all or part of the bond. The person
so committed shall be held in official detention until released pursuant to
Rule 46.1 or sentenced upon a finding of contempt under Rule 42.
History
History: Amended October 20, 1992, effective January 19, 1993; amended May 8, 2001, effective September 1, 2001; amended March 24, 2020, effective July 1, 2020.
Provenance
- Source
- wyocourts.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
dda2ac46a0dfaa6bac446aad76f2627015e53c62f1b1c4263975d079c371deb2
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