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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