Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery of warrant with undertaking. - Alabama Statutes

Section 15-7-21

Discharge of defendant - By judge or magistrate; certification and delivery of warrant with undertaking.

(a) When the offense described in the warrant is a misdemeanor and it is not executed by the sheriff or his deputy, at the defendant's request, he may be brought before a judge, or a magistrate when authorized by law to grant bail, of the county in which the warrant was executed; and such judge or magistrate may, without examination, discharge such defendant, upon sufficient bail for his appearance before the court having cognizance of the offense.

(b) The judge or magistrate admitting a defendant to bail under the provisions of subsection (a) of this section must certify the same upon the warrant and deliver such warrant, with the undertaking, to the officer who executed the warrant, who must cause the same to be delivered without unnecessary delay to the clerk of the court in which the defendant is bound by his undertaking to appear.

(Code 1852, §§441, 443; Code 1867, §§3990, 3992; Code 1876, §§4660, 4662; Code 1886, §§4276, 4278; Code 1896, §§5225, 5227; Code 1907, §§7590, 7592; Code 1923, §§5223, 5225; Code 1940, T. 15, §§125, 127.)