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15-13-118
Section 15-13-118 Arrest of defendant by surety after conditional forfeiture. After the entry
of a conditional forfeiture against any surety on an undertaking of bail, the surety may arrest
the defendant as provided in Section 15-13-117, but the arrest and delivery of the defendant
to the authorized jail as stated in Section 15-13-117 shall not exonerate the surety unless,
in the judgment of the court, a good and sufficient cause is given for the failure of the
defendant to appear at the time the conditional judgement was entered. (Acts 1993, No. 93-677,
p. 1259, §19.)...
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15-13-201
Section 15-13-201 Definitions. For the purposes of this article, the following terms shall
have the following meanings: (1) BOARD. Alabama Professional Bail Bonding Board. (2) PROFESSIONAL
BONDSMAN. Any individual who is employed by a professional bail company to solicit and execute
appearance bonds or actively seek bail bond business for or on behalf of a professional bail
company, including any individual who has a direct or indirect ownership interest in a professional
bail company. (3) PROFESSIONAL SURETY BONDSMAN. Any individual who is employed by a professional
surety company to solicit and execute appearance bonds or actively seek bail bond business
for or on behalf of a professional surety company, including any individual who has a direct
or indirect ownership interest in a professional surety company. (4) RECOVERY AGENT. Any individual,
other than an attorney or law enforcement officer, utilized by a professional surety company,
professional bail company, or professional...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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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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15-21-21
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas
corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be
discharged; but, if it appears that he is held or detained in custody by virtue of process
issued by a court or judge of the United States in a case of which such court or judge has
exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy
of the United States or, being subject to the rules and articles of war is confined by anyone
legally acting by authority thereof, or is in custody for any public offense committed in
any other state or territory for which, by the Constitution and laws of the United States,
he should be delivered up to the authority of such state or territory or that he is otherwise
legally detained, he must be remanded. (Code 1852, §730; Code 1867, §4281; Code 1876, §4957;
Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923,...
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15-4-5
Section 15-4-5 Refusal of witness to answer questions. In an inquest under this chapter, any
witness who refuses to answer any question in relation to the cause of death, except on the
ground that it may criminate himself, is guilty of a misdemeanor and must be committed to
jail by the coroner, unless he gives bail in the sum of $500.00 to appear at the circuit court
and answer such offense, and, on conviction thereof, shall be fined not less than $200.00
nor more than $500.00, and may be imprisoned not exceeding three months. (Code 1852, §816;
Code 1867, §4367; Code 1876, §3995; Code 1886, §4805; Code 1896, §4928; Code 1907, §7166;
Code 1923, §4561; Code 1940, T. 15, §80.)...
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15-6-24
Section 15-6-24 Requiring security to keep the peace by defendant; when court appearance required;
form of undertaking. (a) If there is just reason to fear the commission of an offense, the
defendant must be required to give security to keep the peace, in such sum as the circuit,
district or municipal court judge may direct, towards all the people of this state, particularly
the person against whom or whose property there is reason to fear the offense may be committed,
for such time as the judge may direct, though not more than 12 nor less than six months; but
the defendant must not be required to appear at any court unless he has actually committed
an offense cognizable in such court. (b) The undertaking to keep the peace may be, in substance,
as follows: "The State of Alabama,} We (here insert the names of the defendant and his
sureties), agree to pay to the ___ County.} State of Alabama $1,000.00 (or such sum as the
judge directs) if the said (here insert name of the...
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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If, from
the examination before the district or circuit court judge, it appears that the person held
is the person charged with having committed the crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from justice,
the judge must commit him to jail by a warrant reciting the accusation for such a time specified
in the warrant as will enable the arrest of the accused to be made under a warrant of the
Governor on a requisition of the executive authority of the state having jurisdiction of the
offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be
legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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32-5-310
Section 32-5-310 Enforcement of chapter; arrest procedure; bail bond. Any peace officer, including
state troopers, sheriffs and their deputies, constables and their deputies, police officers
and marshals of cities or incorporated towns, county police or patrols, state or county license
inspectors and their deputies, and special officers appointed by any agency of the State of
Alabama for the enforcement of its laws relating to motor vehicles, now existing or hereafter
enacted, shall be authorized, and it is hereby made the duty of each of them to enforce the
provisions of this chapter and to make arrests for any violation or violations thereof, without
warrant if the offense be committed in his or her presence, and with warrant if he or she
does not observe the commission of the offense. If the arrest be made without warrant, the
accused may elect to be immediately taken before the nearest court having jurisdiction, whereupon
it shall be the duty of the officer to so take him or her....
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