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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15-7-21
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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15-7-4
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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15-7-3
Section 15-7-3 Warrant of arrest - When issued. If the judge or magistrate is reasonably satisfied
from such deposition that the offense complained of has been committed and that there is reasonable
ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest.
(Code 1852, §431; Code 1867, §3980; Code 1876, §4650; Code 1886, §4258; Code 1896, §5207;
Code 1907, §7587; Code 1923, §5220; Code 1940, T. 15, §122.)...
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15-5-16
Section 15-5-16 Restoration of taken property to defendant; property to be forwarded to court
if not restored. (a) If it appears that the property taken is not the same as that described
in a search warrant or that there is no probable cause for believing the existence of the
ground on which the warrant issued, the judge or the magistrate must direct it to be restored
to the person from whom it was taken. (b) If the property is not directed to be restored under
the provisions of subsection (a) of this section, the judge or the magistrate shall annex
together the search warrant, the return and the depositions and return them to the court having
power to inquire into the offense in respect to which the search warrant was issued. (Code
1852, §§841, 842; Code 1867, §§4392, 4393; Code 1876, §§4021, 4022; Code 1886, §§4742,
4743; Code 1896, §§5499, 5500; Code 1907, §§7772, 7773; Code 1923, §§5486, 5487; Code
1940, T. 15, §§115, 116.)...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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15-5-5
Section 15-5-5 Issuance of warrant. If the judge or the magistrate is satisfied of the existence
of the grounds of the application or that there is probable ground to believe their existence,
he must issue a search warrant signed by him and directed to the sheriff or to any constable
of the county, commanding him forthwith to search the person or place named for the property
specified and to bring it before the court issuing the warrant. (Code 1852, §830; Code 1867,
§4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923,
§5475; Code 1940, T. 15, §104.)...
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15-5-15
Section 15-5-15 Hearing on controverted grounds; authentication of testimony as to such facts.
If the grounds on which a search warrant was issued be controverted, the judge or the magistrate
must proceed to hear the testimony, which must be reduced to writing and authenticated in
the manner prescribed in Section 15-5-4. (Code 1852, §840; Code 1867, §4391; Code 1876,
§4020; Code 1886, §4741; Code 1896, §5498; Code 1907, §7771; Code 1923, §5485; Code 1940,
T. 15, §114.)...
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45-37A-170
Section 45-37A-170 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal
judge or a municipal magistrate of the City of Gardendale in Jefferson County, Alabama, may
assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge
or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation
against the City of Gardendale. (b) The warrant recall fee shall not exceed one hundred dollars
($100) and is to be paid by the defendant at the time the warrant is recalled. (c) Nothing
herein shall be construed to require the City of Gardendale to recall a warrant that has been
issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal
judge or magistrate. (d) All fees received by the City of Gardendale Municipal Court for the
warrant recall fee shall be deposited into the City of Gardendale Corrections Fund and allocated
in conformity with subsection (a) of Section...
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45-42A-21
Section 45-42A-21 Warrant recall fee. (a)(1) Notwithstanding any law to the contrary, a municipal
judge or a municipal magistrate of the City of Athens in Limestone County may assess a defendant
with a recall fee that shall be paid in order for a municipal judge or magistrate to recall
a failure to appear or failure to comply warrant arising from any municipal ordinance violation
or other offense brought against the defendant in the municipal court of the City of Athens.
(2) The warrant recall fee shall be one hundred dollars ($100) and is to be paid by the defendant
at the time the warrant is recalled. (b) Nothing herein shall be construed or interpreted
to require the City of Athens to recall a warrant that has been issued. All orders to recall
a warrant shall be issued solely in the discretion of the municipal judge or magistrate. (c)
All fees received by the City of Athens Municipal Court for the warrant recall fee shall be
deposited into the City of Athens Corrections Fund and...
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