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15-10-60
Section 15-10-60 Definition; procedure. A "bench warrant" is one issued by a judge
for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue
it within his jurisdiction, and every person so arrested must be committed to jail until bail
is tendered. Any judicial officer or the sheriff of the county where the accusation was found
may receive the bail, fix the amount of the bond and approve the sureties, unless it is a
case that is bailable only before some particular officer. (Code 1907, §7862; Code 1923,
§5597; Code 1940, T. 15, §184.)...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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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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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If, from
the examination before the district or circuit court judge, it appears that the person held
is the person charged with having committed the crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from justice,
the judge must commit him to jail by a warrant reciting the accusation for such a time specified
in the warrant as will enable the arrest of the accused to be made under a warrant of the
Governor on a requisition of the executive authority of the state having jurisdiction of the
offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be
legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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32-9-3
Section 32-9-3 Enforcement of chapter. Any peace officer, including 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, state troopers
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 is
committed in his or her presence, and with warrant if he or she does not observe the commission
of the offense. If the arrest is 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. If the accused elects not to be...
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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds, procedure,
etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel
any driver's license upon determining that the licensee was not entitled to the issuance thereof
or that the licensee failed to give the correct or required information in his or her application.
Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee
refuses to surrender the license, he or she shall be guilty of a misdemeanor. (b) The privilege
of driving a motor vehicle on the highways of this state given to a nonresident shall be subject
to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in
like manner and for like cause as a driver's license issued may be suspended or revoked. (c)
The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving
a record of the conviction in this state of a...
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36-10-11
Section 36-10-11 Signing of bond, etc., for appearance or release of prisoner, etc., by judicial,
executive or ministerial officer of court having criminal jurisdiction. Any judicial, executive
or ministerial officer of any court having criminal jurisdiction who becomes bail for any
prisoner or other person under any criminal accusation or signs any bond or other obligation
for the release or appearance of such person before himself or before any other officer or
court shall, on conviction, be fined not less than $50.00 nor more than $500.00 and may also
be imprisoned in the county jail for not more than 12 months. (Code 1876, §4148; Code 1886,
§3961; Code 1896, §5124; Code 1907, §7438; Code 1923, §5029; Code 1940, T. 41, §215.)...
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15-21-13
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal
charge; bail without notice. If it appears from the petition for a writ of habeas corpus or
from the documents thereunto annexed that the party is imprisoned and detained on any criminal
charge or accusation, the officer issuing the writ must endorse thereon an order requiring
the applicant, or someone else for him, to give notice to the district attorney of the circuit
or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and
of the time and place at which it is returnable. If such notice is not given when the district
attorney or other person entitled to it is within 50 miles of the place of examination, the
party who is imprisoned must not be discharged. But, if the party is charged with an offense
which is bailable and he waives an examination into the facts, the judge may fix the amount
of bail, without notice to the district attorney or prosecutor, and in...
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11-45-9.1
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 time of the offense; the place of the offense; signature
of the officer issuing the citation; the scheduled...
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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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