15-10-44
Section 15-10-44 Execution of writ by sheriff or deputy. A writ of arrest may be executed by
the sheriff of any county in the state or by his deputy. Such officers have the same powers
and authority, in relation to arrest under a writ of arrest, as are by law conferred upon
them in executing a warrant of arrest. (Code 1852, §604; Code 1867, §4156; Code 1876, §4829;
Code 1886, §4400; Code 1896, §5256; Code 1907, §6288; Code 1923, §3282; Code 1940, T.
15, §173.)...
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15-21-24
Section 15-21-24 Grounds for discharge of person in custody under process legally issued. If
it appears that the party is in custody by virtue of process from any court legally constituted
or issued by any officer in the course of judicial proceedings before him authorized by law,
he can only be discharged under a writ of habeas corpus where: (1) The jurisdiction of such
court has been exceeded, either as to matter, place, sum or person; (2) Though the original
imprisonment was lawful, the party has become entitled to his discharge by reason of some
subsequent act, omission or event; (3) The process is void in consequence of some defect in
matter or substance required by law; (4) The process, though in proper form, was issued in
a case or under circumstances not allowed by law; (5) The process is not authorized by any
judgment, order or decree nor by any provision of the law; or (6) The person who has the custody
of him under any order or process is not the person authorized by law to...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of
all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment,
writ of error, or in any other case, is to ensure the appearance of the defendant in court,
and the undertaking is forfeited by the failure of the defendant to appear. If, by reason
of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to the officer, official, or employee authorized by law to receive
fines levied by the court. The court shall then, without any notice to defendant, render judgment
absolute for the entire sum deposited and the money shall then become public money of the
State General Fund or in bail forfeiture cases pending in the municipal courts...
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15-13-80
Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension
of judgment, appeal or in any other case, is the appearance of the defendant at court; and
the undertaking is forfeited by the failure of the defendant to appear, although the offense,
judgment or other matter is incorrectly described in such undertaking, the particular case
or matter to which the undertaking is applicable being made to appear to the court. (b) If,
by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to such officer, official or employee authorized by law to receive
fines levied by such court. Thereupon the court shall, without any...
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15-9-36
Section 15-9-36 Arrest warrant - Authorization to arresting officer. A warrant of arrest issued
by the Governor under this division shall authorize the officer or other person to whom directed
to arrest the accused at any place where he may be found within the state and to command the
aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver
the accused subject to the provisions of this division to the duly authorized agent of the
demanding state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §55.)...
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15-21-1
Section 15-21-1 Persons entitled to prosecute writ - Generally. Any person who is imprisoned
or restrained of his liberty in the State of Alabama on any criminal charge or accusation
or under any other pretense whatever, except persons committed or detained by virtue of process
issued by a court of the United States or by a judge thereof in cases of which such courts
have exclusive jurisdiction under the laws of the United States or have acquired exclusive
jurisdiction by the commencement of actions in such courts, may prosecute a writ of habeas
corpus according to the provisions of this chapter to inquire into the cause of such imprisonment
or restraint. (Code 1852, §709; Code 1867, §4260; Code 1876, §4936; Code 1886, §4761;
Code 1896, §4812; Code 1907, §7007; Code 1923, §4305; Code 1940, T. 15, §1.)...
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6-6-484
Section 6-6-484 Drawing of warrant or check for money due as salary. After such writ has been
served as provided in this division, the said agent of the state shall draw no warrant or
check for the money due such defendant as salary and included in the answer filed in said
garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved
in the manner provided by the statutes. After final judgment condemning said money as provided
in this division, said agent of the state may draw a warrant or check for the money so condemned
and deliver same to the clerk of the court or to the court where such judgment was obtained.
(Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)...
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45-27-84.09
Section 45-27-84.09 Confinement of tribal fugitive in county jail. The law enforcement officer
or person executing the warrant of arrest or the agent of the tribe to whom the tribal fugitive
may have been delivered, if necessary, may confine the tribal fugitive in a jail of the county
and the keeper of the jail shall receive and safely keep the tribal fugitive in accordance
with any applicable Memoranda of Understanding between the tribe and the county. (Act 2017-351,
§10.)...
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12-15-103
Section 12-15-103 Juvenile court judges may be circuit or district court judges; maintenance
of separate juvenile case action summaries; promulgation of rules of procedure for juvenile
courts; powers of judges of juvenile courts as to issuance of writs and processes and as to
equity generally. (a) A circuit or district court judge may be designated as a juvenile court
judge. (b) The juvenile court shall maintain a separate docketing and case filing system.
(c) The Supreme Court of Alabama shall promulgate rules governing procedure in the juvenile
court. (d) The juvenile court shall issue all writs and processes necessary to the exercise
of its jurisdiction and to fulfill the purposes of this chapter. (e) The judge of the juvenile
court shall issue warrants of arrest, pick-up orders, and writs of habeas corpus to have individuals
brought before the juvenile court pursuant to this chapter. (f) The juvenile court shall have
and exercise equity power. (Acts 1975, No. 1205, p. 2384,...
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15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed
by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of
police, or other authorized law enforcement officer to the clerk of the court from which they
were issued once the defendant is returned to the custody of the court of jurisdiction with
the proper return thereon endorsed. (b) If the bondsman's process is executed, the return
shall be made within five days after service. (c) When any writ of arrest or other warrant
issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement
officer and the warrant has been executed and returned to the clerk of the court, the clerk
shall notify the surety which obtained the bondsman's process, and if the bondsman's process
has not been executed at the time of the notice, then the surety shall return the process
to the clerk of the court within five days and the surety shall endorse...
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