reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-1 - Right of Person Arrested for Felony to Hearing; Failure of Defendant to Appear at Hearing.

Section 15-11-1
Right of person arrested for felony to hearing; failure of defendant to appear at hearing.
Every person charged with and arrested for a felony before his indictment shall have an absolute right to a preliminary hearing on said charge upon such person's demand within 30 days following said arrest; provided, that such person's failure or refusal to appear for such preliminary hearing or his absence from the state at the time of the setting for the preliminary hearing shall not delay or invalidate an indictment pursuant to said charge.
(Acts 1975, No. 1205, §4-106.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-2 - Jurisdiction of District Court; Prosecution Not Barred by Finding of No Probable Cause.

Section 15-11-2
Jurisdiction of district court; prosecution not barred by finding of no probable cause.
The district court shall exercise exclusive jurisdiction to hold preliminary hearings in prosecutions for felonies.
A preliminary hearing determination by the district court finding no probable cause shall not be res judicata with respect to the issue of probable cause, and the state shall not be barred from proceeding further.
(Acts 1975, No. 1205, §4-106.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-3 - Adjournment; Commitment of Defendant to Jail or Bail.

Section 15-11-3
Adjournment; commitment of defendant to jail or bail.
When a defendant is brought before a district court under a warrant of arrest for preliminary examination, the court may adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one time, without the consent of the defendant, and to the same or a different place in the county. In such case, if the defendant is charged with a capital offense, he must be committed to jail in the meantime; but if the offense is not capital, he may give bail in such sum as the court directs for his appearance for such further examination or, for the want thereof, must be committed. On the day to which the examination was adjourned, the defendant may be brought before the court by verbal order to the officer who had charge of him or by order in writing to a different person if the custody has been changed.
(Code 1852, §454; Code 1867, §4003; Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code 1907, §7594; Code 1923, §5227; Code 1940, T. 15, §129.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-4 - Default of Defendant Admitted to Bail Certified to Circuit Court; District Court's Certificate as Presumptive Evidence of Default.

Section 15-11-4
Default of defendant admitted to bail certified to circuit court; district court's certificate as presumptive evidence of default.
If the defendant does not appear before the district court at the time to which an examination is adjourned, the default on the undertaking of bail shall be certified by the district court to the circuit court, and the like proceedings must be had thereon as upon the breach of an undertaking in that court, the certificate being presumptive evidence of the default of the defendant.
(Code 1852, §455; Code 1867, §4004; Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228; Code 1940, T. 15, §130.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-5 - Issuance of Alias Arrest Warrant Upon Default.

Section 15-11-5
Issuance of alias arrest warrant upon default.
On the failure of the defendant to appear on the day to which an examination is adjourned, another warrant of arrest may be issued, upon which the same proceedings may be had against the defendant as on the original warrant.
(Code 1852, §457; Code 1867, §4006; Code 1876, §4676; Code 1886, §4283; Code 1896, §5232; Code 1907, §7597; Code 1923, §5230; Code 1940, T. 15, §132.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-6 - Examination of Complainant and Witnesses.

Section 15-11-6
Examination of complainant and witnesses.
The court before whom any person is brought charged with a public offense must examine the complainant and the witnesses for the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the testimony for the prosecution is heard, the witnesses for the defendant must be sworn and examined.
(Code 1852, §458; Code 1867, §4007; Code 1876, §4677; Code 1886, §4284; Code 1896, §5233; Code 1907, §7598; Code 1923, §5231; Code 1940, T. 15, §133.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-7 - Appearance by Counsel for Defendant; Separation of Witnesses; Control of Hearing.

Section 15-11-7
Appearance by counsel for defendant; separation of witnesses; control of hearing.
In a preliminary examination, the defendant may appear by counsel and, on application, the court may direct the witnesses for the prosecution or defense, or both, to be kept separate so that they cannot hear the evidence or converse with each other until examined. Such an examination is under the control of the court and should be so conducted as to elicit the facts of the case.
(Code 1852, §§459, 460; Code 1867, §§4008, 4009; Code 1876, §§4678, 4679; Code 1886, §4285; Code 1896, §5234; Code 1907, §7599; Code 1923, §5232; Code 1940, T. 15, §134.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-8 - Duty of Court to Examine All Witnesses.

Section 15-11-8
Duty of court to examine all witnesses.
In a preliminary examination, it shall be the duty of the court to examine all witnesses having any knowledge of any facts relevant to such investigation, whether such witnesses were summoned in behalf of the state or of the defendant.
(Code 1907, §7603; Code 1923, §5236; Code 1940, T. 15, §138.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-9 - When Defendant to Be Discharged.

Section 15-11-9
When defendant to be discharged.
If upon the whole evidence in a preliminary examination it appears to the court that no offense has been committed or that there is no probable cause for charging the defendant therewith, the defendant must be discharged.
(Code 1852, §461; Code 1867, §4010; Code 1876, §4680; Code 1886, §4287; Code 1896, §5236; Code 1907, §7604; Code 1923, §5237; Code 1940, T. 15, §139.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-10 - When Defendant Committed to Bail or Jail; Form of Commitment.

Section 15-11-10
When defendant committed to bail or jail; form of commitment.
(a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant is guilty thereof, he must be discharged, if the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if the offense is not bailable, he must be committed to jail by an order in writing.
(b) The form of commitment may be in substance as follows:
"The State of Alabama,
_____ County.
To the jailer of _____ County:
On the examination of A. B., charged with the offense of murder (or other offense, as the case may be, describing it by name, or so that it may be clearly inferred), it appearing that such offense has been committed and that there is sufficient cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him into your custody and to detain him until he is legally discharged.
Dated this ____ day of _____, 20__
C. D., Judge, District Court."
(Code 1852, §§462, 463; Code 1867, §§4011, 4012; Code 1876, §§4681, 4682; Code 1886, §§4288, 4289; Code 1896, §§5237, 5238; Code 1907, §§7605, 7606; Code 1923, §§5238, 5239; Code 1940, T. 15, §§140, 141.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-11 - Amount of Bail to Be Endorsed on Commitment; Discharge of Defendant.

Section 15-11-11
Amount of bail to be endorsed on commitment; discharge of defendant.
Whenever a person is committed to jail for a bailable offense under the provisions of this chapter, the court must endorse on the commitment the amount of bail required and sign his name thereto. The sheriff of the county to which the defendant is committed may discharge him on giving sufficient bail in the amount so endorsed and must, in such case, return the undertaking to the court to which such person is bound to appear within five days thereafter.
(Code 1852, §465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907, §7608; Code 1923, §5241; Code 1940, T. 15, §144.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-12 - Requiring Witnesses to Enter Undertaking; Form of Undertaking.

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 has good reason to believe that a witness for the prosecution will not appear to testify, it may order such witness to enter into an undertaking to appear and testify in a larger sum and with sufficient sureties, but such surety must not be required from any witness who does not reside in this state and within 50 miles of the place where the examination takes place.
(Code 1852, §§466-469; Code 1867, §§4015-4018; Code 1876, §§4685-4688; Code 1886, §§4292-4294; Code 1896, §§5241-5243; Code 1907, §§7609-7611; Code 1923, §§5242-5244; Code 1940, T. 15, §§145-147.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-13 - Requiring Sureties of Married Women and Minors When Witnesses for Prosecution.

Section 15-11-13
Requiring sureties of married women and minors when witnesses for prosecution.
Married women and minors, when material witnesses for the prosecution, may also be required, in the discretion of the court, to procure sureties who will undertake for their appearance to testify.
(Code 1852, §470; Code 1867, §4019; Code 1876, §4689; Code 1886, §4295; Code 1896, §5244; Code 1907, §7612; Code 1923, §5245; Code 1940, T. 15, §148.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-14 - Failure or Refusal of Witness to Enter Undertaking; Discharge of Witness Upon Entering Into Undertaking.

Section 15-11-14
Failure or refusal of witness to enter undertaking; discharge of witness upon entering into undertaking.
(a) Any witness required under this chapter to enter into an undertaking, with or without surety, may be committed to jail on failure or refusal to do so.
(b) In cases arising under subsection (a) of this section, the court must state in the commitment the amount of the undertaking and whether surety is required; and the witness must be discharged by the sheriff on entering into the undertaking as required.
(Code 1852, §§471, 472; Code 1867, §§4020, 4021; Code 1876, §§4690, 4691; Code 1886, §§4296, 4297; Code 1896, §§5245, 5246; Code 1907, §§7613, 7614; Code 1923, §§5246, 5247; Code 1940, T. 15, §§149, 150.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 11 - Preliminary Hearings. › Section 15-11-15 - Court to Report When Person Held on Indictment; Report When No Committals.

Section 15-11-15
Court to report when person held on indictment; report when no committals.
(a) When any person is held by a district court to answer an indictment for a public offense, it is the duty of such court to return to the district attorney immediately after the order holding or committing such person the affidavit and warrant of arrest, with a transcript of the docket, a list of the state's witnesses and all costs and all undertakings of bail by parties or witnesses in the case.
(b) When there has been no such committals since the last session of the circuit court, the district court shall make a report of that fact to the district attorney.
(Code 1852, §473; Code 1867, §4022; Code 1876, §4692; Code 1886, §4298; Code 1896, §5247; Code 1907, §7615; Code 1923, §5248; Code 1940, T. 15, §151.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 1 - General Provisions. › Section 15-12-2 - Determination as to Indigent Defense Systems to Be Used in Circuit, District and Municipal Courts.

Section 15-12-2
Determination as to indigent defense systems to be used in circuit, district and municipal courts.
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1975, No. 1205, §9-105.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 1 - General Provisions. › Section 15-12-3 - Presiding Circuit Judges to Administer Indigent Defense Systems Within Circuits; Adoption of Rules for Effectuation of Systems by Circuit Courts.

Section 15-12-3
Presiding circuit judges to administer indigent defense systems within circuits; adoption of rules for effectuation of systems by circuit courts.
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1975, No. 1205, §9-103.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 1 - General Provisions. › Section 15-12-4 - Voluntary Indigent Defense Advisory Boards.

Section 15-12-4
Voluntary indigent defense advisory boards.
(a) Creation. In each judicial circuit, a voluntary indigent defense advisory board shall be established.
(b) Composition; qualifications, appointment, term of office, and removal of members; vacancies. - The voluntary indigent defense advisory board shall be composed of five members who are residents of the judicial circuit in which they are appointed, including the presiding circuit judge as the chair, the president of the local circuit bar association and three other attorneys all selected by the bar commissioner or commissioners for that circuit. The membership of the voluntary indigent defense advisory board in each judicial circuit shall be inclusive and reflect the racial, gender, and economic diversity of the judicial circuit. In a multi-county circuit, the bar commissioner or commissioners shall select the president of a county bar association existing within the circuit to serve on the indigent defense advisory board. Each member shall serve for a term of one year from the date of appointment and members may be reappointed. Vacancies on the indigent defense advisory board shall be filled by the presiding judge.
(c) Compensation and expenses of members. Members of the voluntary indigent defense advisory board shall serve without compensation; except, that necessary travel expenses in connection with advisory board business shall be paid by the office in the same manner as for state employees generally.
(d) Meetings generally; quorum; chair. The voluntary indigent defense advisory board shall meet at least once quarterly and shall meet whenever so requested by the presiding circuit judge or by two members of the board. Three members shall constitute a quorum for conducting business.
(e) Powers and duties. The voluntary indigent defense advisory board shall perform the following duties and have the following powers:
(1) Analyze, study, and determine the method of indigent defense systems to be used in the circuit. The director may appeal the determination of the indigent defense advisory board to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall make a decision in a timely manner, which decision shall be deemed final.
(2) Provide to the director any information reasonably requested regarding the indigent defense systems used or recommended for the circuit.
(3) At the request of the director, review and provide comment on any statements or bills rendered or submitted for the provision of indigent defense services in the circuit.
(Acts 1975, No. 1205, §9-104; Acts 1995, No. 95-757, p. 1770, §1; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 1 - General Provisions. › Section 15-12-5 - Determination of Indigency and Provision of Defense Services.

Section 15-12-5
Determination of indigency and provision of defense services.
(a) Judicial role in determining indigency. The trial judge shall determine, in accordance with the policies and procedures established by the Office of Indigent Defense Services, if a person in his or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from the trial court to the state appellate court, the trial judge who presided over the proceedings on appeal shall determine if the appellant is an indigent defendant in accordance with the policies and procedures established by the Office of Indigent Defense Services. If an indigency determination is necessary in any proceeding initiated originally in a state appellate court , the presiding judge or chief justice of the appellate court shall determine if the appellant or petitioner is an indigent defendant.
(b) Criteria for determining indigency. In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings. The director may by rules provide for additional documentation of indigency, including, but not limited to, tax returns, asset statements, or other similar documentation as necessary.
(c) Investigation of indigency. In determining the fact of indigency a judge may require an investigation and report by a district attorney, public defender, sheriff, probation officer, or other officer of the court. Provided, further, that the trial judge shall, in all cases requiring a determination of indigency, require the accused to execute an affidavit of substantial hardship on a form approved by the director. The completed affidavit of substantial hardship and the subsequent order of the court either denying or granting indigent defense services to the indigent defendant shall become a part of the official court record in the case.
(d) Provision of defense services. The judge making a determination of indigency shall provide indigent defense services for the indigent defendant through an indigent defense system provided for the circuit; however, if no indigent defense system exists, then the judge may provide indigent defense services otherwise in accordance with Act 2011-678. To the extent possible, judges shall provide continuity in legal representation.
(Acts 1975, No. 1205, p. 2384, §9-102; Acts 1981, No. 81-717, p. 1204, §1; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 1 - General Provisions. › Section 15-12-6 - Compensation of Appointed Counsel.

Section 15-12-6
Compensation of appointed counsel.
Compensation of counsel appointed to represent indigent defendants shall be paid by the state in such amounts as otherwise provided by law. The procedure for approval and payment for such services shall be as provided by law or rule as may be promulgated by the director.
(Acts 1975, No. 1205, §9-107; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 2 - Appointed Counsel. › Section 15-12-20 - Matters to Be Ascertained by Trial Judges as to Representation of Defendants Prior to Arraignment.

Section 15-12-20
Matters to be ascertained by trial judges as to representation of defendants prior to arraignment.
In all criminal cases, including paternity cases, and civil and criminal nonsupport cases which may result in the jailing of the defendant, in any court of this state created by authority of the Constitution of Alabama of 1901, as amended, when a defendant is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain from the accused, or otherwise:
(1) Whether or not the defendant has arranged to be represented by counsel;
(2) Whether or not the defendant desires the assistance of counsel; and
(3) Whether or not the defendant is able financially or otherwise to obtain the assistance of counsel in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 2 - Appointed Counsel. › Section 15-12-24 - Calculation of Rates.

Section 15-12-24
Calculation of rates.
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1981, No. 81-717, p. 1204, §5; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 2 - Appointed Counsel. › Section 15-12-24.1 - Withdrawals From Fair Trial Tax Fund to Pay Expenses.

Section 15-12-24.1
Withdrawals from fair trial tax fund to pay expenses.
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1984, No. 84-793, p. 198, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 2 - Appointed Counsel. › Section 15-12-26 - Contract Counsel System - Selection and Appointment of counsel..

Section 15-12-26
Contract counsel system - Selection and appointment of counsel..
(a) The director may recommend that a contract counsel system be used as the method to provide indigent defense services within a circuit or part thereof. The indigent defense advisory board shall be consulted and make a determination on the selection and appointment of contract counsel for the circuit. The director may appeal the determination of the indigent defense advisory board to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall make a decision in a timely manner, which decision shall be deemed final.
(b) If an indigent defense advisory board chooses to explore a contract counsel system within a circuit or part thereof, the indigent defense advisory board shall follow the procedures of the director for requesting and accepting applications or proposals for such contracts and shall make a recommendation for contract counsel to the director. The indigent defense advisory board shall also provide the director with any other information reasonably requested by the director regarding such contract counsel.
(c) After a determination by the indigent defense advisory board, the director shall award the contracts to an attorney, firm, association, corporation, or partnership of lawyers.
(d) Each contract counsel chosen by the director shall be employed pursuant to a contract containing terms and conditions as deemed necessary between the attorney, firm, association, corporation, or partnership, as the case may be, and the office.
(Acts 1995, No. 95-757, p. 1770, §2; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 2 - Appointed Counsel. › Section 15-12-27 - Contract Counsel System - Procedures Mandatory.

Section 15-12-27
Contract counsel system - Procedures mandatory.
Any provision of this chapter to the contrary notwithstanding, each judicial circuit desiring a contract counsel system shall be required to follow those procedures established for the selection of contract counsel established by the director.
(Acts 1995, No. 95-757, p. 1770, §3; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 2 - Appointed Counsel. › Section 15-12-28 - Contract Counsel System - Records, Reports, and Attorney-Client Communications.

Section 15-12-28
Contract counsel system - Records, reports, and attorney-client communications.
Each contract counsel shall keep the records and make the reports as required by the terms of the applicable contract; except, that attorney-client communications involving the contract counsel shall remain confidential.
(Acts 1995, No. 95-757, p. 1770, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 2 - Appointed Counsel. › Section 15-12-29 - Contract Counsel System - Construction of Sections.

Section 15-12-29
Contract counsel system - Construction of sections.
Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to preclude judges from appointing counsel for indigent defendants, or from assigning representation of an indigent defendant to other contract counsel where there is a conflict of interest involving the contract counsel, or if the contract counsel is unable to provide prompt and adequate representation, and the indigent defense systems chosen do not provide any other alternative. Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to supersede any provision of the Alabama Rules of Criminal Procedure or any other provision of law relating to public defenders.
(Acts 1995, No. 95-757, p. 1770, §5; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 3 - Public Defenders. › Section 15-12-40 - Establishment of Public Defender Office; Selection and Appointment of Attorneys.

Section 15-12-40
Establishment of public defender office; selection and appointment of attorneys.
The indigent defense advisory board may establish a public defender office as a method to provide indigent defense services within a circuit or any part thereof.
For each new term, and to fill any vacancy, the director may select and appoint a public defender for a circuit. The indigent defense advisory board shall be consulted and have the right to recommend the selection and appointment of a public defender for the circuit. Attorneys appointed hereunder as public defenders shall be licensed to practice law in Alabama at the time of the appointment or by the time he or she assumes office.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 3 - Public Defenders. › Section 15-12-41 - Term of Office; Removal; Requirement of Service.

Section 15-12-41
Term of office; removal; requirement of service.
(a) The public defender shall be appointed after June 14, 2011, for a fixed term not to exceed three years, subject to reappointment by the indigent defense advisory board, and may be removed from office for cause by the director.
(b) The director may require that the public defender serve full time or part time.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 3 - Public Defenders. › Section 15-12-42 - Powers and Duties.

Section 15-12-42
Powers and duties.
The public defender shall have the following powers and duties:
(1) Within his or her geographic jurisdiction, the public defender shall provide indigent defense services as defined in Section 15-12-1 to indigent defendants.
(2) The public defender, at the request and with the consent of a municipal governing body and the office, shall represent indigent defendants in a municipal court within his or her geographic jurisdiction. The municipality shall reimburse the office of the public defender for the costs associated with the services rendered.
(3) The public defender, with consent of the director, may represent an indigent defendant in a state appellate court.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 3 - Public Defenders. › Section 15-12-43 - Compensation and Expenses.

Section 15-12-43
Compensation and expenses.
(a) The public defender shall receive a salary set by the director. The salary shall not exceed the state salary paid to a district attorney and shall be paid in the same manner as employees of the state.
(b) All salary and expenses of a public defender shall be paid by the state out of the Fair Trial Tax Fund or other funds appropriated by the Legislature for such purposes; except, that in counties authorized to impose a court cost for defender services, the county shall fund defender services from the revenues from the court cost, and the state shall pay a reasonable share of the cost of maintaining such office, such reasonable share to be determined by the director.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 3 - Public Defenders. › Section 15-12-44 - Recordkeeping; Confidentiality of Attorney-Client Communications.

Section 15-12-44
Recordkeeping; confidentiality of attorney-client communications.
The public defender shall keep such records and make such reports on matters related to the operation of the office of the public defender as are required by the director. The attorney-client communications involving the defender or attorneys employed by him or her shall remain confidential.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 3 - Public Defenders. › Section 15-12-45 - Approval of Expenditures, Salaries, etc.; Employment of Assistants, Investigators, Etc.

Section 15-12-45
Approval of expenditures, salaries, etc.; employment of assistants, investigators, etc.
(a) The director may approve expenditures for attorneys, investigators, other personnel and nonpersonnel expenses of the public defender. Authorized employees of the public defender offices shall be entitled to annual and sick leave, insurance, retirement, and other state employee benefits, including cost-of-living raises, authorized by the Legislature for state employees.
(b) The operating expenses and staff salaries and benefits for the offices of the public defender shall be approved in advance by the director as part of an annual budget for the subject public defender's office and, once the budget is approved, shall be paid by the state from funds appropriated annually from the Fair Trial Tax Fund or other funds appropriated by the Legislature for this purpose. The expenses shall include, but not be limited to, the salary, benefits, and expenses of all eligible employees and positions, training and education, travel, research, equipment, and supplies.
(c) Each public defender may employ assistant public defenders, investigators, and other staff, full time or part time, as authorized by the director. Assistants, investigators, and other staff shall be appointed by the public defender and serve at the pleasure of the public defender.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 12 - Defense of Indigents. › Article 3 - Public Defenders. › Section 15-12-46 - Applicability of Article to Establishment of Appointed Counsel or Contract Counsel Systems, Etc.

Section 15-12-46
Applicability of article to establishment of appointed counsel or contract counsel systems, etc.
Nothing in this article shall be construed to exclude establishment of appointed counsel or contract counsel systems parallel to a public defender system or to preclude judges from appointing counsel for indigent defendants where there is a conflict of interest involving the public defender or if the public defender is unable to provide prompt and adequate representation, and the indigent defense systems chosen do not provide any other alternative.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 1 - General Provisions. › Section 15-13-1 - Definitions.

Section 15-13-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ADMISSION TO BAIL. The order of a competent court or magistrate, when authorized by law to grant bail, that a defendant be discharged from actual custody on bail.
(2) TAKING OF BAIL. The acceptance by a competent court or magistrate, when authorized by law to grant bail, of sufficient bail for the appearance of the defendant according to the legal effect of his undertaking or for the payment to the state of a certain specified sum if he does not appear.
(Code 1852, §§681, 682; Code 1867, §§4232, 4233; Code 1876, §§4840, 4841; Code 1886, §§4406, 4407; Code 1896, §§4348, 4349; Code 1907, §§6328, 6329; Code 1923, §§3360, 3361; Code 1940, T. 15, §§185, 186; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 1 - General Provisions. › Section 15-13-2 - Allowance as Matter of Right Prior to Conviction.

Section 15-13-2
Allowance as matter of right prior to conviction.
In all cases other than those specified in Section 15-13-3, a defendant, before conviction, is entitled to bail as a matter of right.
(Code 1852, §684; Code 1867, §4235; Code 1876, §4843; Code 1886, §4416; Code 1896, §4358; Code 1907, §6338; Code 1923, §3371; Code 1940, T. 15, §196; Acts 1949, No. 199, p. 230; Act 2021-267, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 1 - General Provisions. › Section 15-13-4 - Prisoners Entitled to Opportunity to Give Bail; Release of Prisoner on Own Recognizance.

Section 15-13-4
Prisoners entitled to opportunity to give bail; release of prisoner on own recognizance.
All judges or magistrates, when authorized by law to grant bail, shall take care that every prisoner in jail shall have an opportunity to give bail in cases in which a prisoner is entitled to bail. Any judge or magistrate, when authorized by law to grant bail, may approve any bond presented to him at any time, which in his judgment is reasonably good, and may, in his discretion, release on his own recognizance any prisoner charged with a misdemeanor.
(Acts 1915, No. 712, p. 809; Code 1923, §3362; Code 1940, T. 15, §187; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 1 - General Provisions. › Section 15-13-5 - Discharge of Defendant by Sheriff or Deputy After Indictment for Misdemeanor.

Section 15-13-5
Discharge of defendant by sheriff or deputy after indictment for misdemeanor.
(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no case be less than $50.00.
(b) If an indictment charges a misdemeanor and the defendant is committed to jail for want of bail, the sheriff may, at any time, discharge him on his giving bail in the amount required.
(Code 1852, §§605, 609; Code 1867, §§4157, 4161; Code 1876, §§4830, 4832; Code 1886, §§4410, 4430; Code 1896, §§4350, 4353; Code 1907, §§6330, 6333; Code 1923, §§3363, 3366; Code 1940, T. 15, §§188, 191; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 1 - General Provisions. › Section 15-13-6 - Fixing of Bail for Felony; Discharge of Defendant by Sheriff Upon Posting of Bail.

Section 15-13-6
Fixing of bail for felony; discharge of defendant by sheriff upon posting of bail.
(a) When an indictment is filed in court charging the defendant with a bailable felony and the defendant fails to give bail in open court, the judge of the court must forthwith endorse on such indictment the amount of bail to be required of the defendant. When an application for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has authority, and it is his duty, to discharge such defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application for bail or for reduction of bail in any other manner provided by law.
(Code 1852, §§608, 690; Code 1867, §§4831, 4849; Code 1876, §§4831, 4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907, §6331; Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 1 - General Provisions. › Section 15-13-7 - Amount to Be Endorsed on Writ of Arrest.

Section 15-13-7
Amount to be endorsed on writ of arrest.
ed upon an indictment, the clerk issuing the writ shall endorse on the writ an order to the sheriff to take bail of the defendant in the amount fixed by the judge and endorsed by him or her on the indictment, unless the defendant is charged with an offense for which bail may be denied pursuant to Section 15-13-3. In that case, the writ of arrest shall indicate "no bail," and the defendant may not be released prior to an initial appearance.
(Code 1897, §4352; Code 1907, §6332; Code 1923, §3365; Code 1940, T. 15, §190; Acts 1949, No. 199, p. 230; Act 2021-267, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 1 - General Provisions. › Section 15-13-8 - Limitation on Number of Applications; Appeals to Court of Criminal Appeals; Procedure Upon Order of Court of Criminal Appeals Admitting Defendant to Bail.

Section 15-13-8
Limitation on number of applications; appeals to Court of Criminal Appeals; procedure upon order of Court of Criminal Appeals admitting defendant to bail.
(a) When an application for bail is made to any circuit judge and is refused, no subsequent application can be made, but the evidence in such case may be preserved for review on application to the Court of Criminal Appeals.
(b) When an order is made by the Court of Criminal Appeals admitting a defendant to bail, the order must fix the amount of bail required and direct the same to be taken by the court to whom the primary application was made or by the sheriff of the county in which the defendant is confined. When such bail is ordered to be taken by a judge, the sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886, §§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336; Code 1923, §§3368, 3369; Code 1940, T. 15, §§193, 194; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 2 - Entry and Return. › Section 15-13-20 - Entry in Minutes When Taken in Open Court; Form of Entry.

Section 15-13-20
Entry in minutes when taken in open court; form of entry.
When bail is taken in open court, it must be entered in the minutes, and may be as follows:
The State)
Came into court the said A.B. and also C.D., and E.F., and
vs. )
agreed to pay the State of Alabama ______ dollars
A.B.)
(specifying the sum prescribed by the court) unless the said
A..B. appears at the present session of this court, and from
session to session thereafter until discharged by law, to
answer a criminal prosecution for an assault and battery, or
other offense, as the case may be.
(Code 1852, §687; Code 1867, §4238; Code 1876, §4846; Code 1886, §4419; Code 1896, §4361; Code 1907, §6341; Code 1923, §3374; Code 1940, T. 15, §199; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 2 - Entry and Return. › Section 15-13-21 - Form and Requisites of Bail Not Taken in Open Court.

Section 15-13-21
Form and requisites of bail not taken in open court.
When not taken in open court, the undertaking of bail must be in writing, signed by the defendant and at least two sufficient sureties and approved by the court or officer taking the same, and may be substantially in the following form:
The State of )
We, A. B., C. D., and E. F. agree to pay to the State of
Alabama)
Alabama ______ dollars (the sum prescribed by the court
_____ County)
or officer) unless the said A. B.appears at the next session
of the ____ court of ____ County, and from session to
session thereafter until discharged by law, to answer a
criminal prosecution for the offense of _____ (specifying
the particular offense with which he is charged.)
(Signed) A.B.
C.D.
E.F.
(Code 1852, §688; Code 1867, §4239; Code 1876, §4847; Code 1886, §4420; Code 1896, §4362; Code 1907, §6342; Code 1923, §3375; Code 1940, T. 15, §200; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 2 - Entry and Return. › Section 15-13-22 - Qualifications for Bail; Bond Required for Bondsmen; Qualification When Sufficiency of Bail Doubtful.

Section 15-13-22
Qualifications for bail; bond required for bondsmen; qualification when sufficiency of bail doubtful.
(a) Each person signing as surety an undertaking of bail must be:
(1) A resident of this state; and
(2) Worth, exclusive of property exempt from execution, the amount expressed in the undertaking;
but the court or magistrate, in taking bail, may allow more than two persons to justify severally as bail in amounts less than that expressed in the undertaking, provided the whole is equivalent to two sufficient bails.
(b) The court or magistrate in taking bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to do a bonding business in this state and authorized to execute the undertaking of bail, to execute such bail.
(c) Every person engaged in the business of making bail bonds and charging therefor, except corporations qualified to do a bonding business in this state, shall be required, in addition to all other requirements of this section, to furnish a bond with corporate surety in the amount of $25,000.00 ($10,000.00 in Cullman County), to be approved by the probate judge of each county in which such person engages in such business, conditioned to guarantee the payment of all sums of money that may become due the state or any political subdivision thereof by virtue of any judgment absolute being rendered against such person on a forfeiture of bail.
(d) Only one such bond set forth in subsection (c) of this section shall be required in each county where such person does business, and the liability of the surety company executing a bond under this section shall not exceed the face amount of such surety bond; provided, however, that the bond may be cancelled as to any future liability at any time by the surety's giving 30 days' written notice of such cancellation to the probate judge of the county in which the bond is filed.
(e) When there is a reasonable doubt as to the sufficiency of the bail, they may be required by the court or magistrate to answer fully on oath as to their qualifications.
(Code 1852, §§696, 697; Code 1867, §§4247, 4248; Code 1876, §§4485, 4857; Code 1886, §§4421, 4424; Code 1896, §§4363, 4366; Code 1907, §§6343, 6346; Code 1923, §§3376, 3379; Code 1940, T. 15, §§201, 204; Acts 1949, No. 199, p. 230; Acts 1961, No. 946, p. 1521; Acts 1963, No. 124, p. 499; Acts 1966, Ex. Sess., No. 179, p. 212; Acts 1971, No. 1077, p. 1916; Acts 1971, No. 1230, p. 2138.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 2 - Entry and Return. › Section 15-13-23 - Lunatics and Infants.

Section 15-13-23
Lunatics and infants.
It is not necessary that lunatics or infants should themselves execute or acknowledge the undertaking of bail, but any other person may enter into an undertaking for their appearance.
(Code 1852, §695; Code 1867, §4246; Code 1876, §4854; Code 1886, §4422; Code 1896, §4364; Code 1907, §6344; Code 1923, §3377; Code 1940, T. 15, §202; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 2 - Entry and Return. › Section 15-13-24 - Judicial and Ministerial Officers Prohibited From Becoming Surety for Bail or Signing Bonds, Etc.

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.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 2 - Entry and Return. › Section 15-13-25 - Return of Undertakings to Clerk of Court.

Section 15-13-25
Return of undertakings to clerk of court.
All undertakings of bail must be returned by the court or officer by whom taken to the clerk of the court before which the defendant is bound to appear within the same time and in the same manner as is provided by Section 15-10-47 for the return of writs of arrest.
(Code 1852, §701; Code 1867, §4252; Code 1876, §4861; Code 1886, §4425; Code 1896, §4367; Code 1907, §6347; Code 1923, §3380; Code 1940, T. 15, §205; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 2 - Entry and Return. › Section 15-13-26 - When New Undertaking May Be Required.

Section 15-13-26
When new undertaking may be required.
The court before which any defendant is bound to appear may require him to enter into a new undertaking when it appears to the court that the original undertaking was insufficient when entered into or has since become insufficient from any cause whatever.
(Code 1852, §702; Code 1867, §4253; Code 1876, §4862; Code 1886, §4426; Code 1896, §4368; Code 1907, §6348; Code 1923, §3381; Code 1940, T. 15, §206.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 3 - Cash Deposit. › Section 15-13-40 - When Deposit Authorized in Lieu of Bail.

Section 15-13-40
When deposit authorized in lieu of bail.
At any time after an order admitting him to bail, a defendant, instead of giving bail, may deposit with the clerk of the court in which he is held to answer the sum mentioned in the order; and, upon delivering to the officer in whose custody he is a certificate of the deposit, he must be discharged from custody.
(Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 3 - Cash Deposit. › Section 15-13-41 - Deposit Permitted After Bail Given and Prior to Forfeiture; Exoneration of Bail.

Section 15-13-41
Deposit permitted after bail given and prior to forfeiture; exoneration of bail.
If a defendant has given bail, he may, at any time before the forfeiture of the undertaking, deposit the sum mentioned in the recognizance with the clerk of the court in which he is held to answer; and, upon the deposit's being made, the bail is exonerated.
(Acts 1949, No. 199, p. 230.)