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11-45-9.1
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 time of the offense; the place of the offense; signature
of the officer issuing the citation; the scheduled...
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12-16-150
Section 12-16-150 Challenges of jurors for cause - Grounds generally. It is good ground for
challenge of a juror by either party: (1) That the person has not been a resident householder
or freeholder of the county for the last preceding six months. (2) That he is not a citizen
of Alabama. (3) That he has been indicted within the last 12 months for felony or an offense
of the same character as that with which the defendant is charged. (4) That he is connected
by consanguinity within the ninth degree, or by affinity within the fifth degree, computed
according to the rules of the civil law, either with the defendant or with the prosecutor
or the person alleged to be injured. (5) That he has been convicted of a felony. (6) That
he has an interest in the conviction or acquittal of the defendant or has made any promise
or given any assurance that he will convict or acquit the defendant. (7) That he has a fixed
opinion as to the guilt or innocence of the defendant which would bias his...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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9-13-61
Section 9-13-61 Charges in affidavits, informations or indictments under article; proof of
title, etc. In any affidavit, information or indictment under this article, the person or
persons accused may be charged with commencing or conspiring to commence at some particular
time to commit any of the acts hereby made punishable and of continuing to commit the same
at divers times and on divers days between that day and some other day to be therein stated.
It shall not be necessary, in order to convict, to prove title of the lands on which the alleged
violation of Section 9-13-60 occurred, but it shall be sufficient to prove title, legal, equitable
or colorable, in the State of Alabama or any corporation or any person or persons other than
the accused; and it shall not be necessary to allege in the affidavit, information or indictment
or prove on the trial the kind of timber or forest products which are the subject of the action.
(Acts 1939, No. 626, p. 993, §2; Code 1940, T. 8,...
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12-21-244
Section 12-21-244 Subpoena of witnesses - Trial appearance. (a) No subpoena must be issued
in a criminal case unless the defendant is in custody or has given bail to answer the charge.
(b) If the defendant is in custody or has given bail to answer the charge, it is the duty
of the clerk of the court in which the prosecution is pending, on his application, to issue
subpoenas for such witnesses as he requires. (c) The clerk must also issue subpoenas for all
witnesses on the part of the state whose names are so marked on the indictment, if any, and
for such other witnesses as the district attorney may direct him to summon. (d) It is the
duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial
to the day fixed for such trial. (Code 1852, §§661-663; Code 1867, §§4213-4215; Code 1876,
§§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282, 5284; Code
1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15,...
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14-6-3
Section 14-6-3 Who may be confined in county jail. In addition to convicts sentenced to imprisonment
in the county jail, the jail is used as a prison for the safekeeping or confinement of the
following persons: (1) Persons committed for trial for public offenses; (2) Convicts sentenced
to imprisonment in the penitentiary, until their removal thereto; (3) Persons committed for
contempt or on civil process; (4) Persons committed on failure to give security for their
appearance as witnesses in any criminal case; (5) Persons charged with, or convicted of, a
criminal offense against the United States; (6) Insane persons, pending transfer to a mental
hospital or other disposition; and (7) All other persons committed thereto by authority of
law. (Code 1852, §237; Code 1867, §3785; Code 1876, §4487; Code 1886, §4536; Code 1896,
§4947; Code 1907, §7192; Code 1923, §4802; Code 1940, T. 45, §117.)...
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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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15-11-10
Section 15-11-10 When defendant committed to bail or jail; form of commitment. (a) If upon
a preliminary examination it appears that an offense has been committed and that there is
probable cause to believe that the defendant is guilty thereof, he must be discharged, if
the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if
the offense is not bailable, he must be committed to jail by an order in writing. (b) The
form of commitment may be in substance as follows: "The State of Alabama, _____ County.
To the jailer of _____ County: On the examination of A. B., charged with the offense of murder
(or other offense, as the case may be, describing it by name, or so that it may be clearly
inferred), it appearing that such offense has been committed and that there is sufficient
cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him
into your custody and to detain him until he is legally discharged. Dated this ____ day of...
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15-13-21
Section 15-13-21 Form and requisites of bail not taken in open court. When not taken in open
court, the undertaking of bail must be in writing, signed by the defendant and at least two
sufficient sureties and approved by the court or officer taking the same, and may be substantially
in the following form: The State of ) We, A. B., C. D., and E. F. agree to pay to the State
of Alabama) Alabama ______ dollars (the sum prescribed by the court _____ County) or officer)
unless the said A. B.appears at the next session of the ____ court of ____ County, and from
session to session thereafter until discharged by law, to answer a criminal prosecution for
the offense of _____ (specifying the particular offense with which he is charged.) (Signed)
A.B. C.D. E.F. (Code 1852, §688; Code 1867, §4239; Code 1876, §4847; Code 1886, §4420;
Code 1896, §4362; Code 1907, §6342; Code 1923, §3375; Code 1940, T. 15, §200; Acts 1949,
No. 199, p. 230.)...
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15-14-52
Section 15-14-52 Definitions. Unless the context clearly requires otherwise or unless different
meanings are expressly specified in subsequent provisions of this article, wherever used in
this article, the following terms, whether used in the singular or plural shall be given the
following respective interpretations: (1) PERSON. A human being, a public or private corporation,
an unincorporated association, a partnership, or other entity established by law, and/or a
government or a governmental instrumentality, including, but not limited to, the State of
Alabama or any political subdivision thereof. (2) CRIMINAL OFFENSE. Conduct which is alleged
in any summons, complaint, warrant of arrest, information, presentment, or indictment and
for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided
by any law of this state or by any law, local law, or ordinance of a political subdivision
of this state. (3) VICTIM. A person who is a victim of the defendant's...
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