Alabama § 45-49-235.09 Failure to Appear

Alabama Statutes

§ 45-49-235.09 — Failure to Appear

Alabama § 45-49-235.09

JurisdictionAlabama

Title 45Local Laws

Ch. 49Mobile County

Art. 23Sheriff

Part 6Work Release

This text of Alabama § 45-49-235.09 (Failure to Appear) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 45-49-235.09 (2026).

Text

(a)Whoever, having been released pursuant to this part, 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 and shall be punished as provided by 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, shall initiate prosecution for violation of this section by making affidavit for a warrant to be issued by any officer author

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(a) Whoever, having been released pursuant to this part, 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 and shall be punished as provided by 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, shall initiate prosecution for violation of this section 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 as are other misdemeanor prosecutions.
(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.