§ 45-45-233.29 — Failure to Appear

Alabama § 45-45-233.29

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 45: Madison County
• Art. 23: Sheriff
• Part 4: Jails
• Subpart 2: Work and Pretrial Release

Text

(a) Whoever, having been released pursuant to this subpart, willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture of any security which was given or was pledged for his or her release, and, in addition shall be guilty of a Class B misdemeanor. Such a person convicted of such misdemeanor shall be punished as provided for in the Alabama Criminal Code, or other applicable law.
(b) Failure to appear after notice of the appearance date shall be prima facie evidence that the failure to appear was willful. Whether the person was warned when released of the penalties for failure to appear, shall be a factor in determining whether the failure to appear was willful. The district attorney or any assistant district attorney, or any other person responsible for administering this subpart, shall initiate prosecution for violation of this provision by making affidavit for a warrant to be issued by any officer authorized to issue warrants. The person who failed to appear shall be arrested and shall be brought before a judicial officer in the county in the same way other misdemeanor prosecutions proceed.
(c) A defendant may be convicted under this section, even if he or she has not received actual notice of the appearance date, if (1) reasonable efforts to notify the defendant have been made, and (2) the defendant, by his or her own actions, has frustrated the receipt of actual notice.

Legislative History

(Acts 1978, No. 488, p. 530, § 10.)