4.43 Appellate review of bail; habeas corpus

If you disagree with a bail decision made by a circuit court before trial, you can appeal that decision. To do this, you follow the process laid out in RAP 51, which is the rule that covers this type of appeal.

If your bail decision was made by a district court instead, the process is different. You cannot use the same appeal process. Instead, you need to file a writ of habeas corpus with the circuit court. This is the correct legal tool for asking a higher court to review a district court's bail decision.

In short, which process you use depends on which court made the bail decision. Circuit court bail decisions go through the standard appeal process. District court bail decisions require a habeas corpus petition to get circuit court review.