15-13-155
Section 15-13-155 Property owners as surety - Limited. A property owner shall not execute or become surety for more than four different persons in any one year, other than immediate family members, unless the property owner qualifies and meets the requirements set out in this article for professional surety or professional bail companies. A property owner who becomes surety on bail in accordance with this article may not charge a fee or receive anything of value as a consideration thereof. (Acts 1993, No. 93-677, p. 1259, §56.)...
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15-13-101
Section 15-13-101 Definitions. As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise. (1) APPEARANCE BOND. An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions. (2) JUDICIAL OFFICER. Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state. (3) PROFESSIONAL BAIL COMPANY. A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration. (4) PROFESSIONAL BONDSMAN. An individual person or agent employed by a professional surety company or professional bail company to...
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15-13-108
Section 15-13-108 Bail as a matter of right. In all cases of misdemeanors and felonies, unless otherwise specified, the defendant is, before conviction, entitled to bail as a matter of right. All sheriffs and police chiefs of this state shall ensure that one of their officers or themselves are available to approve and accept bail 24 hours each day, seven days a week, except during the hours the clerks of the courts provide personnel for bail acceptance and approval. (Acts 1993, No. 93-677, p. 1259, §9.)...
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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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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies. When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered against the defendant, but execution thereof must be stayed pending the appeal and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the judge must direct the clerk of the court in which the conviction is had to admit the defendant to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance at the court, from time to time thereafter, as fixed by the court to abide such judgement as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this section shall be had and conducted as is otherwise provided in this code for such proceedings. (Code 1852, §753; Code 1867, §4304; Code 1876,...
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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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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors. When such question is reserved, in case of a misdemeanor, and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered on the conviction, but the execution thereof must be stayed pending the appeal. In such case, the defendant may give bail, with sufficient sureties, conditioned that he will appear and abide the judgment; failing to give such bail, he must be committed to jail, but may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code 1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243; Code 1940, T. 15, §374.)...
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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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15-13-116
Section 15-13-116 Surrender of principal in open court. When the defendant is before the court pertaining to the case(s), the sureties of such bail may surrender the defendant in court by notifying the judge that it is their desire to surrender the defendant. The judge shall then order the sheriff, or other officer who has the duty of taking defendants into custody after conviction, to take custody of the defendant. In such event, the surety is not required to produce a bondsman's warrant or certified copy of bond to the court. (Acts 1993, No. 93-677, p. 1259, §17.)...
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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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