|Cash Bonds, Warrants|
OBTAINING A WARRANT
Warrant of Arrest: This is an order in writing, issued and signed by a Judge or Magistrate, stating the substance of the Complaint and directed to a proper officer, commanding him to arrest the Defendant. (Section 15-7-4, Code of Alabama, 1975).
Complaint: A written statement made upon oath before a Judge, Magistrate, or other official authorized by law to issue warrants of arrest, setting forth the essential facts constituting an offense and alleging that the defendant committed the offense. (Rules 2.3 and 13.1(c), ARCrP).
Affidavit: A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation. (Black's Law Dictionary, 5th Edition).
Probable Cause: The existence of facts and circumstances which would cause a reasonable person to believe that an offense was committed, and that the person complained of probably committed the offense.
PROCEDURES FOR OBTAINING A WARRANT OF ARREST
In order to obtain a Warrant of Arrest, an individual must appear in person and file or obtain a copy of an Incident/Offense Report from the Prattville Police Department. Upon obtaining a copy of the report, the person wishing to obtain the warrant must come to the Municipal Court Office and give a written Affidavit.
Upon reviewing the Affidavit and interviewing the individual wishing to obtain the warrant, probable cause will be determined by a Magistrate. Upon issuance of a Warrant of Arrest by a Magistrate, the Complaint and Arrest Warrant is filed with the Prattville Police Department, where it will remain until served by an arresting officer. Once the Arrest Warrant has been served on the defendant, he/she may make the proper bond which has been specified by a Magistrate on the Warrant of Arrest. Based upon certain circumstances, special conditions of release may apply in addition to bail.
CASH BOND INFORMATION
Should the Judge order it, the cash bond that the individual has posted may be held until all orders of the court have been completed and the fine and any costs may be ordered deducted from the cash bond. If the individual does not wish the fines and costs to be taken out of the cash bond, or do not wish that their monies be held for a period of time, they should not post a cash bond.
In the event that the court date is continued, said cash bond will be held over for the next court date. In the event that the cash bond is ordered to be returned in full or in part, it will be in the form of a check from the City of Prattville and may take a period of four to six weeks before being issued. The person that posts the cash bond will be the only person that the check will be made payable to, and will be the only person to whom the Municipal Court may release the check. Proper identification must be presented at the time the check is released from the Municipal Court office. It is also the responsibility of the person posting the cash bond to provide the court office with written documentation in the event of an address of telephone number change.
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