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Alabama · Through Act 2026-611

Ala. Code § 15-10-40: Issuance by Clerk, District Attorney or Judge.

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Where this section sits in the code
  1. Title 15 Criminal Procedure.
  2. Chapter 10 Arrests.
  3. Article 3 Issuance and Execution of Writ.

A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.

Collected 2026-09-03T14:01:52Z. Source file · JSON

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