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15-13-114
Section 15-13-114 Obligation of sureties continues during trial. The obligation of the sureties
continues throughout every stage of trial, from the time the defendant is entered thereon
until the rendition of the verdict by the jury or judge. The finding of the defendant guilty
by a jury or judge discharges the sureties. The obligation of the sureties are also discharged
when the judge takes any of the following actions: (1) Sentences the defendant. (2) Grants
the prosecutor's motion to nol pros the case. (3) Dismisses the case. (4) Issuance of any
order to the defendant to attend driving-under-the-influence school, mental health counseling,
or any similar order of which the court would only have had the authority to do so, if there
had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of any order of restitution. (6) Announcement or order of sentence prior to any
probation determination. (Acts 1993, No. 93-677, p. 1259, §15.)...
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15-13-115
Section 15-13-115 Obligation of sureties in probation cases. The obligation of sureties is
continued beyond the finding of a guilty verdict by the judge or by a jury in cases where
the maximum sentence, set out by law, does not exceed 10 years and where the court desires
to continue the case for a probation hearing so long as the court has not announced the sentence
to be imposed or sentenced the defendant in any form as set out by law. In such cases, the
obligation of the sureties is continued until there has been a determination and order by
the court of denying or granting probation. In cases where the maximum sentence as set out
by law is less than 10 years, and the court has imposed a sentence, the sureties, may continue
their obligation on such bail beyond the findings or rendering of the verdict but such an
agreement shall be entered on the docket or case summary sheet and the surety shall execute
their name or names by the entry. (Acts 1993, No. 93-677, p. 1259, §16.)...
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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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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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12-19-311
Section 12-19-311 Bail bond fees. (a)(1) In addition to all other charges, costs, taxes, or
fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph
b. shall be imposed on every bail bond in all courts of this state. The fee shall not be assessed
in traffic cases, except for those serious traffic offenses enumerated in Title 32, Chapter
5A, Article 9. Where multiple charges arise out of the same incident, the bond fee pursuant
to this section shall only be assessed on one charge. For the purposes of this section, the
term same incident shall be defined as the same date, location, and proximate time. Where
the charge is negotiating a worthless negotiable instrument, the fee shall not be assessed
more than three times annually per person charged. The fees shall be assessed as follows:
a. A filing fee in the amount of thirty-five dollars ($35) on each bond executed. b. For a
misdemeanor offense, a bail bond fee in the amount of 3.5 percent of the total...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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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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15-13-116
Section 15-13-116 Surrender of principal in open court. When the defendant is before the court
pertaining to the case(s), the sureties of such bail may surrender the defendant in court
by notifying the judge that it is their desire to surrender the defendant. The judge shall
then order the sheriff, or other officer who has the duty of taking defendants into custody
after conviction, to take custody of the defendant. In such event, the surety is not required
to produce a bondsman's warrant or certified copy of bond to the court. (Acts 1993, No. 93-677,
p. 1259, §17.)...
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