15-13-6
Section 15-13-6 Fixing of bail for felony; discharge of defendant by sheriff upon posting of
bail. (a) When an indictment is filed in court charging the defendant with a bailable felony
and the defendant fails to give bail in open court, the judge of the court must forthwith
endorse on such indictment the amount of bail to be required of the defendant. When an application
for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has
authority, and it is his duty, to discharge such defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application for bail or for reduction
of bail in any other manner provided by law. (Code 1852, §§608, 690; Code 1867, §§4831,
4849; Code 1876, §§4831, 4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907,
§6331; Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)...
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15-26-1
Section 15-26-1 Conduct of pre-trial proceeding by audio-video communication device. Whenever
the law requires a defendant in a criminal case to appear before any judge or magistrate for
a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at the
discretion of the court, the proceeding may be conducted by an audio-video communication device,
in which case the defendant shall not be required to be physically brought before the judge
or magistrate. The audio-video communication shall enable the judge or magistrate to see and
converse simultaneously with the defendant or other person and operate so that the defendant
and his or her counsel, if any, can communicate privately, and so that the defendant and his
or her counsel are both physically present in the same place during the audio-video communication.
The signal of the audio-video communication shall be transmitted live and shall be secure
from interception through lawful means by anyone other than the...
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15-13-119
Section 15-13-119 Surrender of defendant to his or her original custodians necessary to exonerate
bail; when new bail is allowed. To exonerate the bail, the surrender of the defendant, other
than that in Section 15-13-116, shall be made to the original custodian of the county or municipality
in which the court is held and to which the defendant is bound to appear, or to which the
trial has been removed. If there is no warrant of arrest pending for the defendant's arrest,
then the original approving officer may discharge the defendant on his or her giving new bail
in the same amount. (Acts 1993, No. 93-677, p. 1259, §20.)...
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36-22-14
Section 36-22-14 Conveyance of money subject to further order or judgment of court to successor
by sheriff upon expiration of official term. The sheriff having in his hands at the expiration
of his official term any money held by him subject to the further order or judgment of any
court shall, on the demand of his successor in office, pay the same to him and on such payment
shall be discharged from further liability therefor. (Code 1876, §738; Code 1886, §818;
Code 1896, §3748; Code 1907, §5880; Code 1923, §10206; Code 1940, T. 54, §26.)...
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45-2-80.81
Section 45-2-80.81 Costs taxes in cases filed in the circuit court or juvenile court. In order
to provide a special fund for the creation and maintenance of the library and for the purposes
of judicial administration as further specified in this subpart, there shall be taxed as costs
the sum of fifteen dollars ($15) in each civil or quasi-civil action at law, suit in equity,
criminal case, quasi-criminal case, juvenile court case, proceeding on a forfeited bond bail,
or a proceeding on a forfeited bond given in connection with an appeal from a judgment of
conviction in any district or municipal court to each circuit court or to the juvenile court
hereinafter filed in, arising in, or brought by appeal, certiorari, or otherwise to the Circuit
Court or to the Juvenile Court of Baldwin County. The costs shall be collected as other costs
in cases are collected by the clerk of the court and shall be paid to the Baldwin County Commission.
(Acts 1956, 1st Ex. Sess., No. 92, p. 138, §2; Act...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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15-11-7
Section 15-11-7 Appearance by counsel for defendant; separation of witnesses; control of hearing.
In a preliminary examination, the defendant may appear by counsel and, on application, the
court may direct the witnesses for the prosecution or defense, or both, to be kept separate
so that they cannot hear the evidence or converse with each other until examined. Such an
examination is under the control of the court and should be so conducted as to elicit the
facts of the case. (Code 1852, §§459, 460; Code 1867, §§4008, 4009; Code 1876, §§4678,
4679; Code 1886, §4285; Code 1896, §5234; Code 1907, §7599; Code 1923, §5232; Code 1940,
T. 15, §134.)...
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15-13-111
Section 15-13-111 Kinds of bail. For persons arrested and taken into custody, there shall be
four kinds of bail used in this state. No other form of bail may be approved and accepted
by any judicial officer, court clerk, magistrate, or any other person designated to accept
and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive.
The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional
surety bail. Their definitions are as follows: (1) CASH BAIL. Cash bail is when the defendant
or some person on behalf of the defendant deposits cash in an amount equal to a part or the
total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to Division 9. (2) JUDICIAL PUBLIC BAIL.
Judicial public bail is the release of any defendant without any condition of an undertaking
relating to, or a deposit of, security. Such bail shall be granted...
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15-13-117
Section 15-13-117 Authorized arrest of defendant by surety and exoneration of bail prior to
conditional forfeiture. The sureties of bail may, at any time before a conditional forfeiture
is entered against them, exonerate themselves by surrendering the defendant to the jail having
the authority of keeping custody of prisoners of the court having jurisdiction of defendant's
case. For that purpose, the surety may arrest the defendant on a bondsman's warrant at any
place in the state, or may authorize another person to arrest the defendant by an endorsement
in writing on the warrant. The bondsman's warrant shall be issued as required by this chapter
and a certified copy of the undertaking shall be attached thereto. (Acts 1993, No. 93-677,
p. 1259, §18.)...
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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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