The Cr 28 Alabama form is an official document used in Alabama's judicial system for applying for a Bondsman’s Process. This form allows a surety to surrender a defendant to law enforcement, facilitating their arrest. It is essential for ensuring that defendants can be taken into custody when necessary.
The CR-28 form is a critical document within the Alabama Unified Judicial System, serving as an application for a Bondsman’s Process. This form is utilized when a surety, who has undertaken the responsibility of bail for a defendant, seeks to surrender that individual to law enforcement authorities. It is important to note that the form must be filed in the appropriate court, whether it be Circuit, District, or Municipal, and requires specific information such as the case number and the name of the court. The surety must provide their personal details, including their address, to ensure proper identification and communication. The application explicitly states the intention to have the defendant arrested, allowing the surety or a designated individual to take action anywhere within the state. This process is essential for maintaining the integrity of the bail system and ensuring that defendants fulfill their obligations to appear in court.
State of Alabama Unified Judicial System
Form CR-28
Rev.8/97
APPLICATION FOR
BONDSMAN’S PROCESS
CASE NUMBER
IN THE____________________________________COURT OF________________________________________, ALABAMA
(Circuit, District, or Municipal)
(Name of Municipality or County)
STATE OF ALABAMA
MUNICIPALITY OF __________________________________________________
V._______________________________________________________________________________________, DEFENDANT
TO THE CLERK OF THE ABOVE-NAMED COURT:
WHEREAS, I, the undersigned, as surety on the undertaking of bail of the defendant, desiring to surrender the defendant to the custody of the sheriff or jailer, hereby apply for the issuance of a Bondsman’s Process so that the defendant may be arrested by me or another person designated by my endorsement on the process at any place in the State of Alabama.
Date of Application_________________________
_________________________________________________
Surety
(Street Address/P.O. Box)
(City, State and Zip Code)
Alabama Statute of Limitations Discovery Rule - The form includes space for the case number and court details.
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The CR-28 form is similar to the CR-29 form, which is also used within the Alabama judicial system. The CR-29 form serves as a request for the release of a defendant from custody upon the posting of bail. Like the CR-28, it requires the surety to provide personal information and details about the defendant. Both forms facilitate the interaction between the surety and the court, ensuring that the necessary legal processes are followed when dealing with bail and custody issues. The CR-29 emphasizes the surety's commitment to ensuring the defendant's appearance in court, mirroring the CR-28's focus on surrendering the defendant when necessary.
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Another document that shares similarities with the CR-28 is the CR-30 form, which pertains to the application for a bail bond. This form is used to formally request a bail bond from a surety. Like the CR-28, it requires detailed information about the defendant and the surety. Both forms are crucial in the bail process, as they establish the legal obligations of the surety and outline the conditions under which the defendant may be released. The CR-30, however, focuses more on the financial aspects of the bond, while the CR-28 emphasizes the procedural steps involved in surrendering the defendant.
The CR-31 form is another document related to the bail process in Alabama. This form is used to notify the court of a surety's intention to withdraw from their obligations. Similar to the CR-28, it requires the surety to provide identifying information and details about the defendant. Both forms are integral to maintaining the integrity of the bail system, as they ensure that the court is kept informed of any changes in the surety's status. While the CR-28 is about applying for a process to surrender the defendant, the CR-31 focuses on the surety's right to withdraw from the agreement.
The CR-32 form, which is used for the application for a surety bond, also shares similarities with the CR-28. This document is specifically designed for the surety to apply for a bond on behalf of the defendant. Like the CR-28, it requires the surety to provide their information and details about the defendant. Both forms are essential in the bail process, helping to establish the surety's responsibilities and the legal framework for the defendant's release. The CR-32 is more focused on the financial implications of the bond, whereas the CR-28 addresses the procedural aspects of surrendering the defendant.
Finally, the CR-33 form, which serves as a notice of bail forfeiture, is related to the CR-28 in that it addresses the consequences of a defendant failing to appear in court. Both documents are part of the larger bail process and involve the surety's obligations. While the CR-28 allows for the surrender of the defendant, the CR-33 outlines the steps the court may take if the defendant does not comply with their bail conditions. This document emphasizes the importance of accountability in the bail system, similar to the CR-28's role in ensuring that the surety can take action when necessary.
When filling out and using the Cr 28 Alabama form, keep these key takeaways in mind:
What is the purpose of the CR-28 form?
The CR-28 form is an application used in Alabama for a bondsman to request a process that allows them to surrender a defendant back into custody. This is typically necessary when a surety, or bondsman, needs to ensure that the defendant appears in court or fulfills their bail obligations.
Who can fill out the CR-28 form?
Only a licensed bondsman or surety can complete the CR-28 form. This individual must be responsible for the bail of the defendant and must have the legal authority to surrender the defendant to the sheriff or jailer.
What information is required on the CR-28 form?
The form requires several key pieces of information, including:
Where should the CR-28 form be submitted?
The completed CR-28 form should be submitted to the clerk of the court where the case is being heard. It is important to ensure that the form is filed in the correct jurisdiction to avoid delays in processing.
What happens after the CR-28 form is submitted?
Once the CR-28 form is submitted, the court will review the application. If approved, a Bondsman’s Process will be issued, allowing the bondsman or a designated person to arrest the defendant and return them to custody.
Is there a fee associated with filing the CR-28 form?
There may be a fee for filing the CR-28 form, but this can vary by court. It is advisable to check with the specific court clerk's office for details regarding any applicable fees.
Can the CR-28 form be used for any defendant?
The CR-28 form is specifically designed for defendants who have been released on bail and for whom the bondsman has taken responsibility. It cannot be used for defendants who are not under a bail agreement with the surety.
What should a bondsman do if the defendant is in another state?
The CR-28 form is only valid within the state of Alabama. If the defendant is located in another state, the bondsman may need to follow different procedures to secure the defendant’s return, which may involve contacting authorities in that state.
Can someone else submit the CR-28 form on behalf of the bondsman?
While the bondsman must sign the form, they may authorize another person to submit it on their behalf. However, it is crucial that the bondsman remains responsible for the application and any related actions.
How can I obtain a CR-28 form?
The CR-28 form can typically be obtained from the clerk of the court or downloaded from the official Alabama Unified Judicial System website. It is important to ensure that you are using the most current version of the form.