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45-36-232.29
Section 45-36-232.29 Failure to appear. (a) Whoever, having been released pursuant to this
subpart, willfully fails to appear before any court or judicial officer as required, shall
incur a forfeiture of any security which was given or was pledged for his or her release,
and, in addition shall be guilty of a Class B misdemeanor. Such a person convicted of such
misdemeanor shall be punished as provided for in the Alabama Criminal Code, or other applicable
law. (b) Failure to appear after notice of the appearance date shall be prima facie evidence
that the failure to appear was willful. Whether the person was warned when released of the
penalties for failure to appear, shall be a factor in determining whether the failure to appear
was willful. The district attorney or any assistant district attorney, or any other person
responsible for administering this subpart, shall initiate prosecution for violation of this
provision by making affidavit for a warrant to be issued by any officer...
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45-45-233.29
Section 45-45-233.29 Failure to appear. (a) Whoever, having been released pursuant to this
subpart, willfully fails to appear before any court or judicial officer as required, shall
incur a forfeiture of any security which was given or was pledged for his or her release,
and, in addition shall be guilty of a Class B misdemeanor. Such a person convicted of such
misdemeanor shall be punished as provided for in the Alabama Criminal Code, or other applicable
law. (b) Failure to appear after notice of the appearance date shall be prima facie evidence
that the failure to appear was willful. Whether the person was warned when released of the
penalties for failure to appear, shall be a factor in determining whether the failure to appear
was willful. The district attorney or any assistant district attorney, or any other person
responsible for administering this subpart, shall initiate prosecution for violation of this
provision by making affidavit for a warrant to be issued by any officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-233.29.htm - 1K - Match Info - Similar pages
15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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45-49-235.09
Section 45-49-235.09 Failure to appear. (a) Whoever, having been released pursuant to this
part, willfully fails to appear before any court or judicial officer as required, shall incur
a forfeiture of any security which was given or was pledged for his or her release, and, in
addition shall be guilty of a Class B misdemeanor and shall be punished as provided by law.
(b) Failure to appear after notice of the appearance date shall be prima facie evidence that
the failure to appear was willful. Whether the person was warned when released of the penalties
for failure to appear, shall be a factor in determining whether the failure to appear was
willful. The district attorney or any assistant district attorney, shall initiate prosecution
for violation of this section by making affidavit for a warrant to be issued by any officer
authorized to issue warrants. The person who failed to appear shall be arrested and shall
be brought before a judicial officer in the county as are other misdemeanor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-235.09.htm - 1K - Match Info - Similar pages
15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-152.htm - 9K - Match Info - Similar pages
15-9-43
Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of
bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable
by death or life imprisonment under the laws of the state in which it was committed, the district
or circuit court judge must admit the person arrested to bail by bond or undertaking, with
sufficient sureties and in such sum as he deems proper, for his appearance before him at a
time specified in such bond or undertaking, and for his surrender, to be arrested upon the
warrant of the Governor of this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, ยง63.)...
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15-13-144
Section 15-13-144 Notice to prosecutor. Prior to the hearing, the judicial officer shall have
the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit
of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose,
or the prosecuting officer of the municipal court in municipal court cases, that a person
seeks to be released on judicial public bail and notice shall stipulate the time of the hearing.
No person shall be released on judicial public bail unless notice is given. Upon receipt of
the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled
to be heard at the hearing on the merits of the conditions of release, and the hearing shall
be at a time, date, and place certain wherein all parties shall appear and proceedings shall
be a matter of record. Nothing contained in this chapter shall be construed as granting or
affording the defendant an absolute right to be released on...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State Law Enforcement
Agency shall implement a system of active and passive electronic monitoring that identifies
the location of a monitored person and that can produce upon request reports or records of
the person's presence near or within a crime scene or prohibited area, the person's departure
from specified geographic limitations, or curfew violations by the offender. The Director
of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement
and administer this system of active electronic monitoring including establishing policies
and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-20.htm - 3K - Match Info - Similar pages
15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-5.htm - 2K - Match Info - Similar pages
15-13-107
Section 15-13-107 Who may or shall accept, take, and approve bail and under what circumstances.
(a) Judges of any court within the State of Alabama may accept, take, and approve bail within
the jurisdiction of their respective courts. (b) Circuit, district, and municipal court clerks,
including magistrates, may accept, take, and approve bail within the jurisdiction of their
respective courts. (c) Only judicial officers and circuit, district, and municipal court clerks
or a designee of the court may accept and approve appeal bonds and cash bonds. Provided, however,
that any person designated by the court to receive cash bonds, shall be bonded to receive
court moneys and have the written approval of their chief administrative officer. Clerks of
the courts of Alabama may delegate to their employees the right to accept and approve appeal
bonds and cash bonds. (d) Sheriffs of the state and chiefs of police having custody of a defendant
may accept, take, and approve property or professional...
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