15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor and it is not executed by the sheriff or his deputy, at the defendant's request, he may be brought before a judge, or a magistrate when authorized by law to grant bail, of the county in which the warrant was executed; and such judge or magistrate may, without examination, discharge such defendant, upon sufficient bail for his appearance before the court having cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under the provisions of subsection (a) of this section must certify the same upon the warrant and deliver such warrant, with the undertaking, to the officer who executed the warrant, who must cause the same to be delivered without unnecessary delay to the clerk of the court in which the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost bill by municipal or district court clerk and making of final assessment of costs in circuit court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared to be the policy of the state that docket fees and other court costs in criminal cases shall generally be assessed only upon conviction. It is further declared to be the policy of the state that a creditor shall not use the criminal process in order to collect civil debts. The state does recognize that situations will arise from time to time wherein justice may best be served by allowing a judge to enter an order dismissing a case upon the payment of costs by the defendant or by the complainant where the judge has determined that the criminal process has been abused. (b) Docket fees and other court costs in criminal cases shall be assessed upon conviction; provided that, in the interest of justice,...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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15-11-12
Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking. (a) The court may require the witnesses for the prosecution to enter into an undertaking, in the sum of $100.00 each, to appear and testify at the court having cognizance of the offense and, if requested by the defendant, may require his witnesses to enter into such undertaking. (b) The undertaking of the witnesses for the prosecution or defense may be in substance as follows: "The State of Alabama, ) We, A.B., C.D., and E.F., witnesses against (or for, as the case may be), G.H., ___ County, ) charged with a public offense, do each agree to appear at the district court of _____ County, to give evidence against (or for, as the case may be) him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking is for the defendant's witnesses) $100.00. Dated this _____ day of _____, 20__. (Signed) A.B. C.D. E.F. Taken by L. M., Judge, District Court." (c) Whenever the court...
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15-11-15
Section 15-11-15 Court to report when person held on indictment; report when no committals. (a) When any person is held by a district court to answer an indictment for a public offense, it is the duty of such court to return to the district attorney immediately after the order holding or committing such person the affidavit and warrant of arrest, with a transcript of the docket, a list of the state's witnesses and all costs and all undertakings of bail by parties or witnesses in the case. (b) When there has been no such committals since the last session of the circuit court, the district court shall make a report of that fact to the district attorney. (Code 1852, §473; Code 1867, §4022; Code 1876, §4692; Code 1886, §4298; Code 1896, §5247; Code 1907, §7615; Code 1923, §5248; Code 1940, T. 15, §151.)...
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15-6-24
Section 15-6-24 Requiring security to keep the peace by defendant; when court appearance required; form of undertaking. (a) If there is just reason to fear the commission of an offense, the defendant must be required to give security to keep the peace, in such sum as the circuit, district or municipal court judge may direct, towards all the people of this state, particularly the person against whom or whose property there is reason to fear the offense may be committed, for such time as the judge may direct, though not more than 12 nor less than six months; but the defendant must not be required to appear at any court unless he has actually committed an offense cognizable in such court. (b) The undertaking to keep the peace may be, in substance, as follows: "The State of Alabama,} We (here insert the names of the defendant and his sureties), agree to pay to the ___ County.} State of Alabama $1,000.00 (or such sum as the judge directs) if the said (here insert name of the...
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15-9-40
Section 15-9-40 Arrest prior to requisition. Whenever any person within this state shall be charged on the oath of any credible person before any district or circuit court judge of this state with the commission of any crime in any other state and, except in cases arising under Section 15-9-34, with having fled from justice; or whenever complaint shall have been made before any district or circuit court judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state, that the accused has been charged in such state with the commission of the crime and, except in cases arising under Section 15-9-34, that he has fled from justice and is believed to have been found in this state, the judge shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed, directing him to apprehend the person charged, wherever he may be found in this state, and bring him before the same or any...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place a defendant on probation for varying periods of time, not to exceed two years. (b) The court may require such investigations as may be deemed necessary and desirable to be made by a probation officer or such other suitable person or persons as the court may designate as to the circumstances of the offense and the criminal record, social history and present condition of the defendant. (c) The court may suspend the execution of sentence and continue the defendant under an existing bond or may require such additional bail as it deems necessary pending the disposition of the application for probation. (d) The court shall determine and may, at any time, modify the conditions of probation and may require the probationer to comply with the following or any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places of disreputable or harmful character; (3) To report to...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance of execution against sheriff, etc., failing to return, levy, or collect execution issued against plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no property found" against the defendant by the proper officer of the county in which the judgment was entered, or, if the execution is from the Supreme Court or courts of appeals, of the county from which the case was brought, may issue execution against the plaintiff or appellant, as the case may be, for the costs actually created by the plaintiff or appellant, but for none other, to be collected and returned as other executions. (b) Judgment may be entered on motion in the circuit court of such county, in the name of the clerk or probate judge issuing the execution, against the sheriff or his sureties, or either of...
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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors. When such question is reserved, in case of a misdemeanor, and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered on the conviction, but the execution thereof must be stayed pending the appeal. In such case, the defendant may give bail, with sufficient sureties, conditioned that he will appear and abide the judgment; failing to give such bail, he must be committed to jail, but may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code 1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243; Code 1940, T. 15, §374.)...
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