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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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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15-13-64
Section 15-13-64 Surrender of defendant to sheriff required to exonerate bail; when new bail
allowed. To exonerate the bail, the surrender of the defendant must be made to the sheriff
of the county in which the court is held, to which the defendant is bound to appear or to
which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may
discharge him on his giving new bail; otherwise, he must keep him in jail until discharged
by law. (Code 1852, §700; Code 1867, §4251; Code 1876, §4860; Code 1886, §4430; Code 1896,
§4373; Code 1907, §6353; Code 1923, §3386; Code 1940, T. 15, §211; Acts 1949, No. 199,
p. 230.)...
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12-22-246
Section 12-22-246 Proceedings when undertaking forfeited. When any undertaking of bail under
the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant
to surrender himself to the sheriff or to appear and answer the charge, according to the terms
and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture
of other undertakings of bail in the circuit court. (Code 1852, §756; Code 1867, §4307;
Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247;
Code 1940, T. 15, §378.)...
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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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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony 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 against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-112
Section 12-22-112 Liability of defendant failing to appear; warrant of arrest. (a) If the defendant
fails to appear at the circuit court as required by the appeal bond, he shall be liable to
the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court,
and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when
the defendant is arrested, he must be dealt within all respects as if the arrest had been
made on capias from the circuit court. (Code 1852, §§507, 508; Code 1867, §§4057, 4058;
Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907,
§§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)...
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15-13-116
Section 15-13-116 Surrender of principal in open court. When the defendant is before the court
pertaining to the case(s), the sureties of such bail may surrender the defendant in court
by notifying the judge that it is their desire to surrender the defendant. The judge shall
then order the sheriff, or other officer who has the duty of taking defendants into custody
after conviction, to take custody of the defendant. In such event, the surety is not required
to produce a bondsman's warrant or certified copy of bond to the court. (Acts 1993, No. 93-677,
p. 1259, §17.)...
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15-13-6
Section 15-13-6 Fixing of bail for felony; discharge of defendant by sheriff upon posting of
bail. (a) When an indictment is filed in court charging the defendant with a bailable felony
and the defendant fails to give bail in open court, the judge of the court must forthwith
endorse on such indictment the amount of bail to be required of the defendant. When an application
for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has
authority, and it is his duty, to discharge such defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application for bail or for reduction
of bail in any other manner provided by law. (Code 1852, §§608, 690; Code 1867, §§4831,
4849; Code 1876, §§4831, 4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907,
§6331; Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)...
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