15-13-1
Section 15-13-1 Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ADMISSION TO BAIL. The order of a competent court or magistrate, when authorized by law to grant bail, that a defendant be discharged from actual custody on bail. (2) TAKING OF BAIL. The acceptance by a competent court or magistrate, when authorized by law to grant bail, of sufficient bail for the appearance of the defendant according to the legal effect of his undertaking or for the payment to the state of a certain specified sum if he does not appear. (Code 1852, §§681, 682; Code 1867, §§4232, 4233; Code 1876, §§4840, 4841; Code 1886, §§4406, 4407; Code 1896, §§4348, 4349; Code 1907, §§6328, 6329; Code 1923, §§3360, 3361; Code 1940, T. 15, §§185, 186; Acts 1949, No. 199, p. 230.)...
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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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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition of fines. (a) By ordinance, the governing body of any municipality may authorize any law enforcement officer of a municipality or any law enforcement officer of the state, in lieu of placing persons under custodial arrest, to issue a summons and complaint to any person charged with violating any municipal littering ordinance; municipal ordinance which prohibits animals from running at large, which shall include leash laws and rabies control laws; or any Class C misdemeanor or violation not involving violence, threat of violence or alcohol or drugs. (b) Such summons and complaint shall be on a form approved by the governing body of the municipality and shall contain the name of the court; the name of the defendant; a description of the offense, including the municipal ordinance number; the date and...
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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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15-13-80
Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail. (a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, appeal or in any other case, is the appearance of the defendant at court; and the undertaking is forfeited by the failure of the defendant to appear, although the offense, judgment or other matter is incorrectly described in such undertaking, the particular case or matter to which the undertaking is applicable being made to appear to the court. (b) If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to such officer, official or employee authorized by law to receive fines levied by such court. Thereupon the court shall, without any...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, writ of error, or in any other case, is to ensure the appearance of the defendant in court, and the undertaking is forfeited by the failure of the defendant to appear. If, by reason of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the officer, official, or employee authorized by law to receive fines levied by the court. The court shall then, without any notice to defendant, render judgment absolute for the entire sum deposited and the money shall then become public money of the State General Fund or in bail forfeiture cases pending in the municipal courts...
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12-14-51
Section 12-14-51 Magistrates deemed chief officers of agency; appointment and powers of magistrates. (a) The magistrates shall be considered the chief officers of the municipal court administrative agency. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates by class or position and, in addition thereto, provide for the appointment of other magistrates by the Administrative Director of Courts, upon recommendation by municipal judges. (c) The powers of a magistrate shall be limited to the following: (1) Issuance of arrest warrants. (2) Granting of bail in minor misdemeanor prosecutions in accordance with the discretionary bail schedule and approving property, cash, and professional surety bonds upon a municipal judge's approval. (3) Receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been prescribed by rule. (4) Accountability to the municipal court for all uniform traffic tickets and complaints issued, including all...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the cost of appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellate court; and, failing to give bail, he must be committed to the municipal jail, but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the municipal authorities within...
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15-13-122
Section 15-13-122 Bondsman's process - Detainer. In instances in which the surety or sureties have in their possession a bondsman's process for the defendant and the surety wishes to place a detainer against the defendant with the officer having custody of the defendant, all law enforcement officers of the State of Alabama, or its subdivisions, who have custody of any defendant under bail within the terms of this chapter, shall accept the bondsman's process as a detainer and hold the defendant in custody until the case pending against the defendant in the jurisdiction having custody, has been discharged or until the defendant is authorized to be released from custody by other means set out by law. Upon discharge or release, the officer having custody shall notify the surety that the defendant is ready to be released and the surety shall arrest the defendant and return the defendant to the court of jurisdiction. After the officer has given the surety notice of the release, the surety...
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45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement. The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery Unit of the Special Services Division. The district attorney, after electing to establish the unit, shall assign sufficient staff and resources to effectively operate the unit. The recovery unit shall be created for the purpose of the administration, collection, and enforcement of court costs, fines, fines for failure to appear in court, victim compensation assessments, bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding, quasi-criminal, or any other court proceeding by any court including, but not limited to, municipal courts, district courts, and circuit courts payable to the state, the county, to any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any court order or judgment entered which has not been otherwise...
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