10A-21-3.03
Section 10A-21-3.03 Entry of not guilty plea for corporation failing to appear, etc. If the
defendant corporation fails to appear and plead to the indictment, the court must cause the
plea of not guilty to be entered for it, and the trial shall proceed as if the corporation
had appeared and pleaded not guilty; but, in such case, proof must be made to the court that
the person upon whom the notice and copy of the indictment were served was an officer or agent
of the corporation authorized by law to receive such service. (Code 1896, §5318; Code 1907,
§6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act
2009-513, p. 967, §360.)...
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15-7-20
Section 15-7-20 Discharge of defendant - By arresting officer. When the offense described in
an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff
or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance
at the next term of the court having jurisdiction of the offense to answer any indictment
which may be found against him therefor; and, if such court is in session, for his appearance
at such court. (Code 1852, §440; Code 1867, §3989; Code 1876, §4659; Code 1886, §4275;
Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T. 15, §124.)...
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15-7-4
Section 15-7-4 Warrant of arrest - Defined; contents; form. (a) A "warrant of arrest"
is an order in writing, issued and signed by a judge or magistrate, stating the substance
of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that
the name is unknown to the judge or magistrate, then no name need be inserted. It must also
state the offense by name or so that it can be clearly inferred, the county in which it was
issued must appear from some part of the warrant, and the warrant must be signed by the judge
or magistrate, with his name and initials of office, or the same must in some way appear from
the warrant. It must be directed "to any lawful officer of the state," and, if executed
by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows: The State of Alabama,...
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30-4-62
Section 30-4-62 Release of defendant on probation by circuit court; authority of juvenile court
as to probationer. In the event the appeal goes to the circuit court and the defendant shall
be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded
to jail to answer said judgment, and in the event that such judgment and sentence is suspended
and the defendant is released on probation, the court shall inform him as to his duties under
such probation order, and cause the probation bond provided for in this article to be filed
with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter
be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile
court as provided for in this article. Upon the entry of such judgment, said circuit court
shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which,
when so filed, shall thereupon become also the judgment of...
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15-13-119
Section 15-13-119 Surrender of defendant to his or her original custodians necessary to exonerate
bail; when new bail is allowed. To exonerate the bail, the surrender of the defendant, other
than that in Section 15-13-116, shall be made to the original custodian of the county or municipality
in which the court is held and to which the defendant is bound to appear, or to which the
trial has been removed. If there is no warrant of arrest pending for the defendant's arrest,
then the original approving officer may discharge the defendant on his or her giving new bail
in the same amount. (Acts 1993, No. 93-677, p. 1259, §20.)...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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15-13-105
Section 15-13-105 Order of bail in warrantless arrest cases. In cases where a defendant is
arrested without a warrant and taken into custody and there is no standard bail schedule prescribed
by the presiding judge of the court of jurisdiction for the amounts of bail for such arrests
without warrants, then the arresting officer shall, as soon as possible, contact a judicial
officer for an order of bail. If the arresting officer is unable to contact the judicial officer
having jurisdiction of the case, the arresting officer may contact any judicial officer having
the authority to set bail in that judicial circuit to issue the order of bail. If no judicial
officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail
shall be set by operation of law and the amount of bail shall be that amount prescribed as
the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided,
however, in violation and misdemeanor cases the minimum...
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15-13-128
Section 15-13-128 Form for bondsman's process. The following shall be substantially the form
to be used for a bondsman's process. BONDSMAN'S PROCESS STATE OF ALABAMA COUNTY OF ___. (or)
CITY OF ___. WHEREAS, the Sureties on the bail of the defendant _____, in case number _____,
have expressed their desire to surrender the defendant to the custody of _____ of (City or
County), Alabama, and such desire has been expressed to the clerk of the _____ Court of the
City/County of _____, Alabama, and, WHEREAS, the clerk has checked the records and case number
_____ is still pending and the defendant nor his or her sureties have been discharged of their
obligations, or the records of case number _____ reflect that the defendant has failed to
appear on the obligation of bail as required and a warrant has been issued for the arrest
of the defendant. NOW, THEREFORE, this document is issued, as required by law, and the document
gives the right to the Sureties (bondsmen) to arrest...
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15-13-25
Section 15-13-25 Return of undertakings to clerk of court. All undertakings of bail must be
returned by the court or officer by whom taken to the clerk of the court before which the
defendant is bound to appear within the same time and in the same manner as is provided by
Section 15-10-47 for the return of writs of arrest. (Code 1852, §701; Code 1867, §4252;
Code 1876, §4861; Code 1886, §4425; Code 1896, §4367; Code 1907, §6347; Code 1923, §3380;
Code 1940, T. 15, §205; Acts 1949, No. 199, p. 230.)...
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12-22-111
Section 12-22-111 Issuance, execution and return of subpoenas for witnesses; liability of witnesses
failing to appear. In cases of appeal, the clerk of the court shall issue subpoenas for such
witnesses as may be required, both for the state and for the accused, returnable to the next
session of the court to which the appeal is taken, which subpoenas shall be executed by the
sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify
as required, they shall be liable to the same penalties, forfeitures and proceedings as if
the subpoenas had been issued out of the circuit court. (Code 1852, §506; Code 1867, §4056;
Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840;
Code 1940, T. 15, §360.)...
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