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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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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15-10-12
Section 15-10-12 When defendant to be taken before judge or magistrate issuing warrant. When
the warrant of arrest is executed in any county other than the one in which it is issued and
is for a felony, or when for a misdemeanor and the defendant is not bailed according to the
provisions of Sections 15-7-20 and 15-7-21, he must be brought before the judge or magistrate
issuing the warrant or, if such judge or magistrate is unable to attend or his office is vacant,
before some other judge or magistrate of the county in which such warrant is issued, and the
warrant, with a proper return thereof, must be delivered to such judge or magistrate. (Code
1852, §444; Code 1867, §3993; Code 1876, §4663; Code 1886, §4274; Code 1896, §5223; Code
1907, §6282; Code 1923, §3276; Code 1940, T. 15, §167.)...
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15-6-25
Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged;
and, if not given, the circuit, district or municipal court judge must commit him to jail
until he gives the same, specifying in the warrant of commitment the cause thereof, the time
he is required to keep the peace, towards whom particularly and the sum in which security
is required. (b) Any person committed under the provisions of subsection (a) of this section
may be discharged by the sheriff of the county in which he is detained upon entering into
an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required
by the circuit, district or municipal court judge. (Code 1852, §§416, 417; Code 1867, §§3965,
3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code
1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15,...
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15-7-20
Section 15-7-20 Discharge of defendant - By arresting officer. When the offense described in
an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff
or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance
at the next term of the court having jurisdiction of the offense to answer any indictment
which may be found against him therefor; and, if such court is in session, for his appearance
at such court. (Code 1852, §440; Code 1867, §3989; Code 1876, §4659; Code 1886, §4275;
Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T. 15, §124.)...
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15-7-4
Section 15-7-4 Warrant of arrest - Defined; contents; form. (a) A "warrant of arrest"
is an order in writing, issued and signed by a judge or magistrate, stating the substance
of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that
the name is unknown to the judge or magistrate, then no name need be inserted. It must also
state the offense by name or so that it can be clearly inferred, the county in which it was
issued must appear from some part of the warrant, and the warrant must be signed by the judge
or magistrate, with his name and initials of office, or the same must in some way appear from
the warrant. It must be directed "to any lawful officer of the state," and, if executed
by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows: The State of Alabama,...
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15-9-44
Section 15-9-44 Arrest without warrant - Failure to arrest accused on Governor's warrant within
time specified. If the accused is not arrested under warrant of the Governor by the expiration
of the time specified in the warrant, bond or undertaking, the district or circuit court judge
may discharge him, may recommit him to a further day or may again take bail for his appearance
and surrender, as provided in Section 15-9-43. At the expiration of the second period of commitment,
or if he has been bailed and appeared according to the terms of his bond or undertaking, the
judge may either discharge him or may require him to enter into a new bond or undertaking
to appear and surrender himself at another day. (Acts 1931, No. 482, p. 559; Code 1940, T.
15, §64.)...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; 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...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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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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