15-5-12
Section 15-5-12 Warrant to be executed and returned within 10 days. A search warrant must be
executed and returned to the judge or the magistrate by whom it was issued within 10 days
after its date; if not executed after such time, it is void. (Code 1852, §837; Code 1867,
§4388; Code 1876, §4017; Code 1886, §4738; Code 1896, §5495; Code 1907, §7768; Code 1923,
§5482; Code 1940, T. 15, §111.)...
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45-35A-100
Section 45-35A-100 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal
magistrate of the City of Taylor in Houston County may assess a defendant with a warrant recall
fee that shall be paid in order for a municipal judge or magistrate to recall a failure to
appear or failure to comply warrant arising from any municipal ordinance violation or other
offense brought against the defendant in the Municipal Court of the City of Taylor. (b) The
warrant recall fee shall be fifty dollars ($50) and is to be paid by the defendant at the
time the warrant is recalled. (c) Nothing herein shall be construed to require the City of
Taylor to recall a warrant that has been issued. All orders to recall a warrant shall be issued
solely in the discretion of the municipal judge or magistrate. (d) All fees received by the
City of Taylor Municipal Court for the warrant recall fee shall be deposited into the City
of Taylor Corrections Fund and allocated in conformity with subsection...
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45-37A-160.20
Section 45-37A-160.20 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal
judge or a municipal magistrate of the City of Fultondale in Jefferson County, Alabama, may
assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge
or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation
against the City of Fultondale. (b) The warrant recall fee shall not exceed one hundred dollars
($100) and is to be paid by the defendant at the time the warrant is recalled. (c) Nothing
herein shall be construed to require the City of Fultondale to recall a warrant that has been
issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal
judge or magistrate. (d) All fees received by the City of Fultondale Municipal Court for the
warrant recall fee shall be deposited into the City of Fultondale Corrections Fund and allocated
in conformity with subsection (a) of Section...
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15-10-60
Section 15-10-60 Definition; procedure. A "bench warrant" is one issued by a judge
for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue
it within his jurisdiction, and every person so arrested must be committed to jail until bail
is tendered. Any judicial officer or the sheriff of the county where the accusation was found
may receive the bail, fix the amount of the bond and approve the sureties, unless it is a
case that is bailable only before some particular officer. (Code 1907, §7862; Code 1923,
§5597; Code 1940, T. 15, §184.)...
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15-6-25
Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged;
and, if not given, the circuit, district or municipal court judge must commit him to jail
until he gives the same, specifying in the warrant of commitment the cause thereof, the time
he is required to keep the peace, towards whom particularly and the sum in which security
is required. (b) Any person committed under the provisions of subsection (a) of this section
may be discharged by the sheriff of the county in which he is detained upon entering into
an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required
by the circuit, district or municipal court judge. (Code 1852, §§416, 417; Code 1867, §§3965,
3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code
1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15,...
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14-6-6
Section 14-6-6 Commitment to nearest sufficient jail to insure safekeeping. In all criminal
cases, either before or after conviction, and in cases of contempt, if it is shown to the
court, judge or committing magistrate that the jail of the proper county is insecure or insufficient
for the safekeeping of the prisoner or that there is no jail in the county, the commitment
must be to the nearest sufficient jail and the reason of such change must be entered on the
minutes of the court, or stated in the warrant or endorsed thereon and signed by the magistrate.
The jailer of the county to which the commitment is made must receive and confine the prisoner
on such commitment or a certified copy of such order. (Code 1852, §252; Code 1867, §3800;
Code 1876, §4500; Code 1886, §4548; Code 1896, §4959; Code 1907, §7204; Code 1923, §4814;
Code 1940, T. 45, §132.)...
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15-5-18
Section 15-5-18 Payment of fees and costs. The complainant must pay the fees of a search warrant
before he is entitled to the same, and must also pay the officer his fees for the execution
before the same is executed; and if, on the hearing, it appears that there was no probable
cause for believing the existence of the grounds on which the warrant was issued, the whole
costs may be taxed against the complainant and an execution issued therefor, returnable on
any day the judge or the magistrate may direct. (Code 1852, §843; Code 1867, §4394; Code
1876, §4023; Code 1886, §4744; Code 1896, §5501; Code 1907, §7774; Code 1923, §5488;
Code 1940, T. 15, §117.)...
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15-5-6
Section 15-5-6 Form. A search warrant may be substantially in the following form: The State
of Alabama, } To the sheriff or any constable of ___ county} ___ county. Proof by affidavit
having this day been made before me by A. B., that, (stating the particular ground on which
the warrant issued out; or, if the affidavits are not positive, that there is probable ground
for believing that, etc.); you are, therefore, commanded in the daytime (or at any time of
the day or night, as the case may be) to make immediate search on the person of C. D. (or
in the house of C. D., as the case may be), for the following property: (particularly describing
it); and if you find the same, or any part thereof, to bring it forthwith before me at, etc.,
(stating place). Dated the _____ day of _____, 20__ (Signed) E. F., Judge, or Magistrate,
as the case may be." (Code 1852, §831; Code 1867, §4382; Code 1876, §4011; Code 1886,
§4732; Code 1896, §5489; Code 1907, §7762; Code 1923,...
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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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