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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
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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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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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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic
violence in the second degree if the person commits the crime of assault in the second degree
pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123;
the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in
the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
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13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic violence
in the third degree if the person commits the crime of assault in the third degree pursuant
to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section
13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime
of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications
pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third
degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third
degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree
pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
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13A-7-22
Section 13A-7-22 Criminal mischief in the second degree. (a) A person commits the crime of
criminal mischief in the second degree if, with intent to damage property, and having no right
to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts
damages to property in an amount which exceeds five hundred dollars ($500) but does not exceed
two thousand five hundred dollars ($2,500). (b)(1) Criminal mischief in the second degree
is a Class A misdemeanor punishable as provided by law. (2) Upon a second conviction of criminal
mischief in the second degree within a five-year period involving damage to a church or other
religious building, or damage to property in a church or other religious building, the defendant
shall be sentenced to a mandatory minimum sentence of not less than 10 days in jail and upon
a third or subsequent conviction of criminal mischief in the second degree within a five-year
period involving damage to a church or other religious...
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15-26-1
Section 15-26-1 Conduct of pre-trial proceeding by audio-video communication device. Whenever
the law requires a defendant in a criminal case to appear before any judge or magistrate for
a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at the
discretion of the court, the proceeding may be conducted by an audio-video communication device,
in which case the defendant shall not be required to be physically brought before the judge
or magistrate. The audio-video communication shall enable the judge or magistrate to see and
converse simultaneously with the defendant or other person and operate so that the defendant
and his or her counsel, if any, can communicate privately, and so that the defendant and his
or her counsel are both physically present in the same place during the audio-video communication.
The signal of the audio-video communication shall be transmitted live and shall be secure
from interception through lawful means by anyone other than the...
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2-2-14.1
Section 2-2-14.1 Appearance upon arrest for misdemeanor livestock violations. (a) Whenever
any person is arrested by livestock theft investigators of the Alabama Department of Agriculture
and Industries under Section 2-2-14 for misdemeanor violations of livestock sanitary and disease
control laws and regulations, or any other laws and regulations governing the handling, movement,
or sale of livestock, all punishable as a misdemeanor, the arresting officer shall take the
name and address of such person and issue a summons or otherwise notify him in writing to
appear at a time and place to be specified in such summons or notice. Upon the person signing
said summons or notice, the officer shall forthwith release him from custody. (b) If the arrested
person shall refuse to identify himself by giving his name and address, or shall refuse to
sign the summons or notice, then the arresting officer shall immediately take such person
before the nearest and most accessible district judge or...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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