15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice of the
rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the
court and served according to the terms as established in this article within 90 days of the
court's conditional forfeiture order to the defendant and sureties. The notice may be in the
following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County ___ Surety Case
No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court Defendant ___
___ Surety You are hereby notified that your name appears as a surety on the bond in the above
styled case. This case was called for trial on ___ (date) and the defendant was not present
to answer. Therefore, a conditional forfeiture of ___ dollars was entered against you. You
shall file a written response within 28 days after you...
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15-13-139
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases where the
sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture
has been made final or absolute and there is no further litigation pending on the forfeiture,
and the surety locates the defendant and causes the return of the defendant to the custody
of the court where the bond was forfeited, and if the defendant was substantially procured
by actions of the surety, and the administration of justice has not been thwarted nor the
successful prosecution of the defendant has been affected, then the court which ordered the
forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to
this article and within a period of six months from the date of issuance of any final forfeiture
judgment, to consider any costs to the state or its subdivisions which resulted as a cause
of the default, if any, and upon giving consideration thereto, may, in...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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15-13-138
Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside forfeiture.
The court shall set aside the conditional forfeiture in its entirety for the following reasons
or under the following circumstances: (1) If the sureties can show that the defendant was
hospitalized at the time he or she was to appear in court, or if the sureties can produce
sufficient evidence that the defendant was not able to attend court for reason of illness,
by producing a doctor's certificate or letter to that effect. The hospitalization may be in
or out of the State of Alabama. For the sureties to take advantage of this provision, they
shall put the court on notice that the situation exists either prior to the issuance of the
conditional forfeiture order or within 28 days after legal service of the conditional forfeiture
on the sureties. After receiving notice, the court may continue the case to a future date
it deems proper and just for the defendant to appear. If at that time...
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15-13-117
Section 15-13-117 Authorized arrest of defendant by surety and exoneration of bail prior to
conditional forfeiture. The sureties of bail may, at any time before a conditional forfeiture
is entered against them, exonerate themselves by surrendering the defendant to the jail having
the authority of keeping custody of prisoners of the court having jurisdiction of defendant's
case. For that purpose, the surety may arrest the defendant on a bondsman's warrant at any
place in the state, or may authorize another person to arrest the defendant by an endorsement
in writing on the warrant. The bondsman's warrant shall be issued as required by this chapter
and a certified copy of the undertaking shall be attached thereto. (Acts 1993, No. 93-677,
p. 1259, §18.)...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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15-11-12
Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking. (a) The court
may require the witnesses for the prosecution to enter into an undertaking, in the sum of
$100.00 each, to appear and testify at the court having cognizance of the offense and, if
requested by the defendant, may require his witnesses to enter into such undertaking. (b)
The undertaking of the witnesses for the prosecution or defense may be in substance as follows:
"The State of Alabama, ) We, A.B., C.D., and E.F., witnesses against (or for, as the
case may be), G.H., ___ County, ) charged with a public offense, do each agree to appear at
the district court of _____ County, to give evidence against (or for, as the case may be)
him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking
is for the defendant's witnesses) $100.00. Dated this _____ day of _____, 20__. (Signed) A.B.
C.D. E.F. Taken by L. M., Judge, District Court." (c) Whenever the court...
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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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