15-10-46
Section 15-10-46 Copy of arrest writ to be delivered to jailer. When any defendant is committed
to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of
the writ, which copy is as good authority for the detention of the defendant as the original
writ. (Code 1852, §610; Code 1867, §4162; Code 1876, §4833; Code 1886, §4401; Code 1896,
§5257; Code 1907, §6290; Code 1923, §3284; Code 1940, T. 15, §175.)...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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15-21-28
Section 15-21-28 Penalty - Refusal or neglect to deliver true copy of detention order, etc.
Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or
process by virtue of which he detains any prisoner, either to the prisoner himself or to any
other person who applies for the same on his behalf, for six hours after demand is made, forfeits
to the prisoner $200.00, and is also guilty of a misdemeanor, on conviction of which he shall
be fined not less than $50.00 nor more than $500.00; but no officer is required to deliver
more than two copies of such order, writ, warrant or process. (Code 1852, §739; Code 1867,
§4290; Code 1876, §4966; Code 1886, §4789; Code 1896, §4842; Code 1907, §7037; Code 1923,
§4336; Code 1940, T. 15, §32.)...
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12-19-191
Section 12-19-191 Constables. (a) Constables shall be entitled to the following fees in criminal
cases: (1) For executing a search warrant by day ..... $1.00 (2) For executing a search warrant
by night ..... 2.00 (3) For executing any other warrant or writ of arrest ..... 1.50 (4) For
serving each subpoena or notice issued by a court of the Unified Judicial System ..... .50
(5) For carrying a person before a magistrate under a warrant of arrest or to jail when committed
thereto, for himself and each necessary guard, to be proved by his own oath, for each mile
..... .10 (6) For carrying a prisoner to the jail of another county, when there is no sufficient
jail in the proper county, the same fees that were allowed to the sheriff for similar services
on December 18, 1973, to be paid in the same manner. (7) For taking and approving each bond
of undertaking ..... .50 (b) In all criminal prosecutions, the fees specified in subsection
(a) of this section for the services rendered in the case...
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15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ of arrest
may be substantially in the following form: State of Alabama, _____ County. To any sheriff
of the state: An indictment having been found against A. B., at the ______ session, 20__,
of the ______ court of _____ County, for the offense of ______ (describing the offense so
as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said
defendant and commit him to jail; and that you return this writ according to law. (signed)
C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253;
Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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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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15-13-117
Section 15-13-117 Authorized arrest of defendant by surety and exoneration of bail prior to
conditional forfeiture. The sureties of bail may, at any time before a conditional forfeiture
is entered against them, exonerate themselves by surrendering the defendant to the jail having
the authority of keeping custody of prisoners of the court having jurisdiction of defendant's
case. For that purpose, the surety may arrest the defendant on a bondsman's warrant at any
place in the state, or may authorize another person to arrest the defendant by an endorsement
in writing on the warrant. The bondsman's warrant shall be issued as required by this chapter
and a certified copy of the undertaking shall be attached thereto. (Acts 1993, No. 93-677,
p. 1259, §18.)...
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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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15-10-10
Section 15-10-10 Where warrant to be executed; endorsement when executed in different county.
Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the
county in which it was issued, unless the defendant is in another county. When the defendant
is in another county, it may be executed therein by any law enforcement officer having the
warrant or writ. The law enforcement officer shall summon the assistance of local law enforcement
if possible to assist in making the arrest and only then may exercise the same authority as
the officer possesses in his or her own county or jurisdiction. (Code 1852, §436; Code 1867,
§3985; Code 1876, §4655; Code 1886, §4270; Code 1896, §5219; Code 1907, §6278; Code 1923,
§3272; Code 1940, T. 15, §163; Act 2006-547, §1.)...
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