15-11-11
Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant. Whenever
a person is committed to jail for a bailable offense under the provisions of this chapter,
the court must endorse on the commitment the amount of bail required and sign his name thereto.
The sheriff of the county to which the defendant is committed may discharge him on giving
sufficient bail in the amount so endorsed and must, in such case, return the undertaking to
the court to which such person is bound to appear within five days thereafter. (Code 1852,
§465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907,
§7608; Code 1923, §5241; Code 1940, T. 15, §144.)...
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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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15-13-22
Section 15-13-22 Qualifications for bail; bond required for bondsmen; qualification when sufficiency
of bail doubtful. (a) Each person signing as surety an undertaking of bail must be: (1) A
resident of this state; and (2) Worth, exclusive of property exempt from execution, the amount
expressed in the undertaking; but the court or magistrate, in taking bail, may allow more
than two persons to justify severally as bail in amounts less than that expressed in the undertaking,
provided the whole is equivalent to two sufficient bails. (b) The court or magistrate in taking
bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to
do a bonding business in this state and authorized to execute the undertaking of bail, to
execute such bail. (c) Every person engaged in the business of making bail bonds and charging
therefor, except corporations qualified to do a bonding business in this state, shall be required,
in addition to all other requirements of this...
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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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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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15-11-14
Section 15-11-14 Failure or refusal of witness to enter undertaking; discharge of witness upon
entering into undertaking. (a) Any witness required under this chapter to enter into an undertaking,
with or without surety, may be committed to jail on failure or refusal to do so. (b) In cases
arising under subsection (a) of this section, the court must state in the commitment the amount
of the undertaking and whether surety is required; and the witness must be discharged by the
sheriff on entering into the undertaking as required. (Code 1852, §§471, 472; Code 1867,
§§4020, 4021; Code 1876, §§4690, 4691; Code 1886, §§4296, 4297; Code 1896, §§5245,
5246; Code 1907, §§7613, 7614; Code 1923, §§5246, 5247; Code 1940, T. 15, §§149, 150.)...

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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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15-21-20
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition
of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf
a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege
any other facts which may be material in the case. (b) In a summary way, the court or judge
may examine into the cause of the imprisonment or detention, may hear the evidence adduced
and may adjourn the examination from time to time as the circumstances of the case may require
and, in the meantime, remand the party or commit him to the custody of the sheriff of the
county or place him under such other custody as his age or other circumstances may require,
or, if the character of the charge authorizes it, take bail from him in a sufficient amount
for his appearance from day to day until judgment is given. (c) If the party fails to appear,
as required by his undertaking, an entry of forfeiture must be endorsed...
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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained
of is brought before the circuit, district or municipal court judge, he and his witnesses
must be heard in his defense; and, if on hearing the witnesses on both sides it appears that
there is no just reason to fear the commission of the offense, the defendant must be discharged.
If the hearing is continued, the judge shall require the defendant to give bail for his appearance,
and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412;
Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525;
Code 1923, §5143; Code 1940, T. 15, §406.)...
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