Code of Alabama

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15-10-30
Section 15-10-30 Arrest without process when defendant present. After an indictment has been
returned by the grand jury, the court may order any defendant who is present and who has not
been arrested to be taken into custody without process. When the defendant has given bail
prior to the return of an indictment against him for a capital offense, the court may, in
its discretion, likewise order him into custody. (Code 1867, §4152; Code 1876, §4825; Code
1886, §4395; Code 1896, §5251; Code 1907, §6283; Code 1923, §3277; Code 1940, T. 15, §168.)...

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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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32-2-25
Section 32-2-25 Arrest fee; when fees and costs not to be paid by county. In all cases where
arrests are made by a state trooper, an arrest fee of $5.00 for such arrest shall be collected
by the proper authorities and promptly turned over to the Director of Public Safety, who shall
cover the same into the State Treasury to the credit of the General Fund; provided, that no
witness fee, arrest fee, mileage cost, or any other fees or costs shall be paid by any county
out of its funds to said department and no fine and forfeiture claim shall be issued against
the fine and forfeiture fund of any county to or for any such state trooper for or on account
of those cases brought in any court or before any grand jury by any such officer wherein no
indictment is found, the state fails to convict, or the indictment or complaint abates or
is nolle prossed or is withdrawn and filed in such case. (Acts 1953, No. 585, p. 828, §10;
Acts 1955, No. 44, p. 263, §1; Acts 1961, No. 834, p. 1237.)...
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43-2-21
Section 43-2-21 Form. Letters testamentary may be substantially in the following form: The
State of Alabama, } Court of Probate ___ County} The will of ______, having been duly admitted
to record in said county, letters testamentary are hereby granted to _____, the executor named
in said will, who has complied with the requisitions of the law and is authorized to take
upon himself the execution of such will. Witness my hand and dated this _____day of _____,
19__. ___ Judge of Probate. (Code 1852, §1687; Code 1867, §2007; Code 1876, §2369; Code
1886, §2005; Code 1896, §47; Code 1907, §2509; Code 1923, §5731; Code 1940, T. 61, §70.)...

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43-2-41
Section 43-2-41 Form. Letters of administration may be substantially in the following form:
The State of Alabama, } ___ County.} Court of Probate. Letters of administration on the estate
of _____ (or letters of administration on the annexed will of _____, as the case may be) are
hereby granted to _____, who has duly qualified and given bond as such administrator, and
is authorized to administer such estate (or to execute such will, as the case may be). Witness
my hand and dated this _____day of _____, 19__. ___ Judge of Probate (Code 1852, §1688; Code
1867, §2008; Code 1876, §2370; Code 1886, §2015; Code 1896, §57; Code 1907, §2521; Code
1923, §5743; Code 1940, T. 61, §82.)...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court shall
have exclusive original trial jurisdiction over prosecutions of all offenses defined by law
or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been
returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction
concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined
by law as felonies not punishable by sentence of death. (2) The district court shall have
jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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12-16-210
Section 12-16-210 Disclosure of indictment by district attorney, grand juror, etc., prior to
arrest, etc., of person indicted. Any judge, district attorney, clerk or other officer of
court or grand juror who discloses the fact that an indictment has been found before the person
indicted has been arrested or has given bail for his appearance to answer thereto shall, on
conviction, be fined not less than $200.00, and may also be imprisoned in the county jail
or sentenced to hard labor for the county for not more than six months. (Code 1852, §36;
Code 1867, §3577; Code 1876, §4134; Code 1886, §3969; Code 1896, §5047; Code 1907, §7308;
Code 1923, §8690; Code 1940, T. 30, §95.)...
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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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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In all criminal
cases in the circuit court in which a capias or warrant of arrest has issued for two terms
and has been returned "not found," the district attorney may, by leave of the court,
withdraw and file the indictment, with leave to reinstate the same when the ends of justice
require such reinstatement. In all cases where a defendant is confined in one of the Alabama
state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney
may, by leave of the court, withdraw and file the indictment, with leave to reinstate the
same when the ends of justice require such reinstatement. (Code 1867, §4149; Code 1876, §4822;
Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T.
15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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