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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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45-4-81
Section 45-4-81 Additional court costs for certain district and circuit cases. (a) In Bibb
County, in addition to all other court charges or fees, there shall be taxed as court cost
the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, criminal
case, quasi-criminal case, proceeding on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgement or conviction in any inferior or
municipal court of the county, the district or circuit court of Bibb County, hereinafter filed
in or arising in the circuit or district court of Bibb County, or brought by appeal, certiorari,
or otherwise to either of the courts, which costs shall be collected as other costs in such
cases are collected by the clerk, or ex-officio clerk, of the courts or the register of the
circuit court or district court of Bibb County, as the case may be. (b) Such fees, when collected
by the clerks or other collection officers of such courts,...
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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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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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15-13-160
Section 15-13-160 Qualifications - Professional bail companies. No professional bail company
shall execute or become surety on any appearance bond in this state, unless it has an order
granting authorization to become professional surety on any bail. The order granting authorization
shall be reissued annually prior to January 1 of each year by the presiding circuit judge
of the county in which the company desires to execute bail or appearance bonds. Prior to the
judge's issuance of the original order and no later than December 1 of each year, thereafter,
professional bail companies shall submit annually to the presiding circuit judge the following:
(1) An original corporate surety bond or escrow agreement, filed and approved by the presiding
circuit judge of the county in which the professional bail company executes or becomes surety
on appearance bonds, in the amount of $25,000, guaranteeing the payment of all sums of money
that may become due by virtue of any judgment absolute that...
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15-13-24
Section 15-13-24 Judicial and ministerial officers prohibited from becoming surety for bail
or signing bonds, etc. It shall not be lawful for any judicial or ministerial officer of this
state to sign as surety an undertaking of bail for any prisoner or other person tried before
him, to put in his charge under any criminal accusation or to sign any bond or other obligation
for the release or appearance of such person, either before himself or any other officer or
officers. (Code 1876, §4586; Code 1886, §4423; Code 1896, §4365; Code 1907, §6345; Code
1923, §3378; Code 1940, T. 15, §203; Acts 1949, No. 199, p. 230.)...
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15-21-22
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient
bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a) Upon a hearing
on a writ of habeas corpus, if it appears that the detained party is charged with a public
offense which is bailable, he must be admitted to bail on offering sufficient bail. (b) If
sufficient bail is not offered, the amount of bail required must be endorsed on the warrant,
and the court to which he is required to appear, and the detained party may be afterwards
discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section
must be transmitted by him to the clerk of the court before which the party is bound to appear
by the first day of the next succeeding session and may be forfeited, and the same proceedings
thereon had, as against other bail in criminal cases. (Code...
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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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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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15-13-206
Section 15-13-206 Alabama Professional Bail Bonding Board - Alabama Bail Bond Board Fund. (a)
There is created in the State Treasury for the use of the Alabama Professional Bail Bonding
Board a fund to be known as the Alabama Bail Bond Board Fund. (b) All application and license
fees, penalties, fines, and any other fees or funds collected by the board under this article
are to be deposited in this fund and used only to carry out the operations of the board. (c)
For the purpose of carrying out the objectives of this article and for the exercise of the
powers granted in this article, the Alabama Professional Bail Bonding Board may direct the
disbursement of the funds from the Alabama Bail Bond Board Fund necessary to cover reasonable
and necessary operating costs and board member compensation and expenses as provided by this
article, which shall be paid on warrant of the Comptroller upon certificate or voucher of
the secretary of the board, approved by the president or vice president of...
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