15-13-140
Section 15-13-140 Reasons for default heard at any time, and allowed without costs. Reasons
for default shall be heard by the court on application, at any time when not engaged in other
business. When a conditional judgment is set aside for sufficient cause, no cost shall be
imposed on the sureties. This provision has no application where money is deposited instead
of bail. Sureties may appear before the courts of this state or its subdivisions to answer
any "show cause order," conditional or final forfeiture to give any reasons for
default, to present any defense to the default, and for any other purpose of informing the
courts about information relating to the appearance or non-appearance of the defendant on
the bail of which they are surety. If the surety is a professional surety or professional
bail company then any agent or representative of the professional surety or bail company may
appear for the same purposes. (Acts 1993, No. 93-677, p. 1259, §41.)...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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15-11-4
Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district
court's certificate as presumptive evidence of default. If the defendant does not appear before
the district court at the time to which an examination is adjourned, the default on the undertaking
of bail shall be certified by the district court to the circuit court, and the like proceedings
must be had thereon as upon the breach of an undertaking in that court, the certificate being
presumptive evidence of the default of the defendant. (Code 1852, §455; Code 1867, §4004;
Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228;
Code 1940, T. 15, §130.)...
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12-22-112
Section 12-22-112 Liability of defendant failing to appear; warrant of arrest. (a) If the defendant
fails to appear at the circuit court as required by the appeal bond, he shall be liable to
the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court,
and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when
the defendant is arrested, he must be dealt within all respects as if the arrest had been
made on capias from the circuit court. (Code 1852, §§507, 508; Code 1867, §§4057, 4058;
Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907,
§§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or
dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to
hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment
of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail
to surrender himself to the sheriff, at the county jail, within 15 days from the date of such
affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond
forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must
be issued, and so on until the judgment has been executed. If the defendant is taken on such
writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be
carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876,
§4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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15-13-139
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases where the
sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture
has been made final or absolute and there is no further litigation pending on the forfeiture,
and the surety locates the defendant and causes the return of the defendant to the custody
of the court where the bond was forfeited, and if the defendant was substantially procured
by actions of the surety, and the administration of justice has not been thwarted nor the
successful prosecution of the defendant has been affected, then the court which ordered the
forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to
this article and within a period of six months from the date of issuance of any final forfeiture
judgment, to consider any costs to the state or its subdivisions which resulted as a cause
of the default, if any, and upon giving consideration thereto, may, in...
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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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15-11-11
Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant. Whenever
a person is committed to jail for a bailable offense under the provisions of this chapter,
the court must endorse on the commitment the amount of bail required and sign his name thereto.
The sheriff of the county to which the defendant is committed may discharge him on giving
sufficient bail in the amount so endorsed and must, in such case, return the undertaking to
the court to which such person is bound to appear within five days thereafter. (Code 1852,
§465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907,
§7608; Code 1923, §5241; Code 1940, T. 15, §144.)...
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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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