Section 530.30. Order of recognizance or bail; by superior court judge when action is pending in local criminal court  


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  • 1.  When a criminal action is pending in a local criminal court, other
      than one consisting of a superior court judge sitting as such,  a  judge
      of  a  superior  court  holding  a  term  thereof  in  the  county, upon
      application of a defendant, may order recognizance  or  bail  when  such
      local criminal court:
        (a)  Lacks authority to issue such an order, pursuant to paragraph (a)
      of subdivision two of section 530.20; or
        (b)  Has denied an application for recognizance or bail; or
        (c)    Has fixed bail which is excessive.  In such case, such superior
      court judge may vacate the  order  of  such  local  criminal  court  and
      release  the  defendant  on his own recognizance or fix bail in a lesser
      amount or in a less burdensome form.
        2.   Notwithstanding the  provisions  of  subdivision  one,  when  the
      defendant is charged with a felony in a local criminal court, a superior
      court  judge  may  not  order  recognizance or bail unless and until the
      district attorney has had an opportunity to be heard in the  matter  and
      such judge has been furnished with a report as described in subparagraph
      (ii) of paragraph (b) of subdivision two of section 530.20.
        3.    Not  more  than  one  application  may  be made pursuant to this
      section.