The Alabama CR 58 form is a legal document used to issue a warrant of arrest within the state of Alabama. This form is essential for law enforcement officers, as it outlines the charges against an individual and provides the necessary authority to apprehend them. Understanding the components and procedures associated with this form can help ensure that the legal process is followed correctly and efficiently.
The Alabama CR-58 form is a crucial legal document used in the state for issuing arrest warrants. It serves as an official order for law enforcement to apprehend individuals charged with felonies, misdemeanors, or violations. The form includes essential information such as the warrant number, case number, and details about the court issuing the warrant. It outlines the charges against the defendant, providing a clear basis for the arrest. Law enforcement officers are instructed to bring the accused before a judge or magistrate to answer the charges. The form also allows for certain conditions under which the accused may be released without a court appearance, such as posting a bond or being released on personal recognizance. Additionally, it emphasizes the importance of collaboration between law enforcement agencies, particularly when the arrest occurs outside the issuing court's jurisdiction. This ensures that the legal process is upheld, and the rights of the accused are respected throughout the arrest and subsequent proceedings.
State of Alabama
WARRANT OF ARREST
Warrant Number
Unified Judicial System
Form CR-58 (front)
Rev. 3/10
(Felonies Misdemeanors, or Violations)
Case Number
IN THE ________________________________________ COURT OF _____________________________________, ALABAMA
(Circuit, District, or Municipal)
(Name of County or Municipality)
STATE OF ALABAMA
MUNICIPALITY OF _______________________________________v._____________________________________________
Defendant
TO ANY LAW ENFORCEMENT OFFICER WITHIN THE STATE OF ALABAMA:
[Check which boxes are applicable]:
Probable cause has been found on a complaint filed in the court against (name or description of person to be arrested)
____________________________________________________________________________________________________________
charging the offense of ___________________________________________________________________________________________
______________________________________________________________________________ as described in the complaint.
An indictment has been returned by the grand jury of this county against (name or description of person to be arrested)
charging the offense of ___________________________________________________________________ as described in the complaint.
YOU ARE THEREFORE ORDERED to arrest the person named or described above and bring that person before a judge or magistrate of this Court to answer the charges against that person and have with you then and have this Warrant of Arrest with your return thereon. If a judge or magistrate of this Court is unavailable, in the same county, you shall take the accused person before the issuing judge of magistrate or, if the issuing judge of magistrate is unavailable the nearest or most accessible district or circuit judge in the same county.
You may release the accused person without taking the accused person before a judge or magistrate:
if the accused person enters into a bond in the amount of $________________with sufficient sureties approved by an
authorized officer by depositing cash or negotiable bonds in the amount with the court clerk. if the accused person posts an appearance bond in the amount of $____________________.
on his or her personal recognizance.
_________________________
____________________________________________________
Date
Judge/Court Clerk/Magistrate/Warrant Clerk
Note to Law Enforcement:
If this warrant was issued by any court other than a municipal court, and the defendant is to be arrested is in a county other than the county where the arrest warrant was issued, Act 2006-547 states that you shall summon the assistance of local law enforcement if possible to assist in making the arrest and only then may you exercise the same authority as you possess in your own county or jurisdiction.
If this warrant was issued by a municipal court, and the person to be arrested is in a county other than the county where the municipal court is located, you must obtain a signed endorsement on the warrant by an officer of that county authorized to issue such a warrant, to the following effect: “A.B. is authorized to execute this warrant in _____________________county,” and you may summon persons to assist you in making the arrest, and you
may exercise the same authority as if you were in your own county.
Form CR-58 (back) Rev. 3/10
(Felonies, Misdemeanors, or Violations)
CERTIFICATE OF EXECUTION
I, the undersigned law enforcement officer, certify that I executed the foregoing WARRANT OF ARREST by arresting the accused person
named (or described) therein at ________________o’ clock
a.m.
p.m. on the__________ day of _______________________, __________.
in ____________________________________________________ COUNTY, ALABAMA.
After arrest, the accused person was:
Released as authorized at _________________o’clock
p.m.
________________, __________.
Taken before ( Judge) ( Magistrate) at ___________________o’ clock
_______________________ ________.
____________________________________
___________________________________________
Signature/Title/Agency
IDENTIFICATION OF ACCUSED PERSON
Name of Accused (or Alias)
Telephone Number
Social Security Number
Date of Birth
Age
Race
Sex
Height
Weight
Hair
Eyes
Other
Address
City
State
Zip Code
Name of Employer
Employer’s Telephone Number
Address of Employer
WITNESSES
Name
________________________________________
______________________________________________
ACKNOWLEDGEMENT BY ACCUSED PERSON
I hereby acknowledge that at the time of my release from custody I was directed to appear in person before the court, as follows:
Place: ____________________________________________________________________________________
Date: _______________________________, ___________.
Time: __________________o’ clock
p.m., and as thereafter needed until discharge.
I promise to appear as directed before the court, as follows:
____________________________________________
_______________________________________________________________
Signature of Accused Person
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The Alabama CR-58 form, which serves as a warrant of arrest, shares similarities with the Federal Arrest Warrant. Both documents authorize law enforcement to apprehend individuals accused of crimes. The federal warrant is issued by a judge or magistrate based on probable cause, similar to the state-level process in Alabama. Each warrant requires law enforcement to bring the accused before a judicial officer to answer the charges, ensuring that the rights of the accused are preserved throughout the arrest process.
Another comparable document is the Summons, which is also used in legal proceedings. Unlike the arrest warrant, a summons directs an individual to appear in court without the immediate threat of arrest. However, both documents aim to compel attendance in court and are based on the legal principle of ensuring that individuals face the charges against them. The summons is typically issued in civil cases, while the CR-58 is specifically for criminal cases.
Understanding the requirements for completing your Affidavit of Residency form can be essential for residents in Florida. This legal document not only confirms your residency but is also crucial in various processes, such as applying for state benefits or enrolling your children in schools.
The Complaint is another document that aligns closely with the CR-58 form. A complaint initiates criminal proceedings by outlining the allegations against the accused. It serves as the foundation for obtaining an arrest warrant. Both documents involve a detailed description of the alleged offense and require the involvement of law enforcement to ensure that the accused is brought before the court.
The Indictment is similar in that it formally charges an individual with a crime, typically after a grand jury review. Like the CR-58, an indictment indicates that sufficient evidence exists to warrant prosecution. Both documents are critical in the criminal justice process, as they mark the transition from investigation to formal charges, ensuring that the accused is informed of the allegations they face.
The Citation is another related document. It serves as a notice to appear in court for minor offenses, such as traffic violations. While the CR-58 form involves arrest, a citation allows individuals to resolve lesser charges without the need for immediate detention. Both documents reflect the legal system's efforts to maintain order and ensure accountability while providing mechanisms for individuals to contest allegations in court.
The Bench Warrant is yet another document that parallels the CR-58 form. Issued by a judge, a bench warrant directs law enforcement to arrest an individual who has failed to appear in court as required. Both warrants share the same underlying principle of compelling individuals to face legal proceedings, although the bench warrant specifically addresses noncompliance with court orders.
Lastly, the Extradition Request is similar in its purpose of apprehending individuals accused of crimes. This document is used when a person charged with a crime flees to another jurisdiction. While the CR-58 is used within Alabama, an extradition request involves cooperation between states to bring the accused back to face charges. Both documents reflect the collaborative nature of law enforcement in ensuring that individuals are held accountable for their actions, regardless of location.
When filling out the Alabama Cr 58 form, ensure that all sections are completed accurately. This includes providing the name or description of the person to be arrested, the charges against them, and any relevant court information.
Law enforcement officers must understand their responsibilities. They are required to bring the arrested individual before a judge or magistrate and must carry the warrant with them during the arrest.
In certain circumstances, an officer may release the accused without bringing them before a judge. This can occur if the accused enters a bond or posts an appearance bond, which must be documented properly on the form.
It is crucial to follow the specific instructions regarding jurisdiction. If the arrest occurs outside the county where the warrant was issued, officers must seek assistance from local law enforcement and ensure compliance with relevant laws.
What is the Alabama CR-58 form?
The Alabama CR-58 form, also known as the Warrant of Arrest, is an official document used within the state of Alabama to authorize law enforcement officers to arrest an individual. This form is utilized for various offenses, including felonies, misdemeanors, or violations. It outlines the charges against the accused and provides instructions for law enforcement on how to proceed with the arrest.
Who can issue an Alabama CR-58 form?
The CR-58 form can be issued by a judge or magistrate in Alabama. It is important that the issuing authority has found probable cause based on a complaint or that an indictment has been returned by a grand jury. This ensures that the arrest is based on legitimate legal grounds.
What information is required on the CR-58 form?
The form requires several key pieces of information, including:
What happens after an arrest is made using the CR-58 form?
Once an arrest is made, the law enforcement officer must bring the accused before a judge or magistrate. If the issuing judge is unavailable, the officer may take the individual to the nearest available judge in the same county. The officer must also complete the certificate of execution section on the form, documenting the details of the arrest.
Can the accused be released without seeing a judge?
Yes, the accused can be released without being brought before a judge under certain conditions. If the individual enters into a bond with sufficient sureties or posts an appearance bond, they may be released. This allows for some flexibility in the process while ensuring that the accused will return to court as required.
What should law enforcement do if the arrest occurs in a different county?
If the arrest is to be made in a county different from where the warrant was issued, law enforcement must follow specific procedures. They are required to summon local law enforcement for assistance and may only exercise the same authority they have in their own county after doing so. This ensures that the arrest is conducted properly and legally.
What is the purpose of the acknowledgment by the accused person?
The acknowledgment section allows the accused to confirm their understanding of the court appearance requirements following their release. By signing this section, the accused agrees to appear in court at the specified time and place, thereby reinforcing the legal obligation to attend future court proceedings.
How can someone find more information about the CR-58 form?
Individuals seeking more information about the Alabama CR-58 form can consult with a legal professional or visit the official website of the Alabama Unified Judicial System. These resources can provide additional guidance on the form's use, related procedures, and any updates to the law.