Procedure upon arrest

Alabama Rules of Criminal Procedure

Rule: 4.3

Jurisdiction: AL

Bluebook Citation: Ala. R. Crim. P. 4.3

(a) ON ARREST WITHOUT A WARRANT. (1) A person arrested without a warrant: (i) May be cited by a law-enforcement officer to appear either at a specified time and place or at such time and place as he or she shall be subsequently notified of and may be released; or (ii) May be released by a law-enforcement officer upon execution of an appearance bond or a secured appearance bond in an amount set according to the schedule contained in Rule 7.2(b), or on his or her personal recognizance pursuant to Rule 7.2(a), or on a signature bond, and directed to appear either at a specified time and place or at such time and place as he or she shall be subsequently notified of; or (iii) Shall be afforded an opportunity to make bail in accordance with Rules 4.3(b)(3) and 4.4. A judge or magistrate in the county of arrest shall determine whether probable cause exists to believe that the defendant committed the charged offense, by examining any necessary witnesses in accordance with the procedures for making a probable- cause determination provided in Rule 2.4. If the judge or magistrate finds there is probable cause for the arrest of the person, a complaint shall promptly be prepared, filed, and served on the defendant, and the judge shall proceed as provided in Rule 4.4 for initial appearance. If a probable-cause determination is not made by a judge or magistrate without undue delay, and in no event later that forty-eight (48) hours after arrest, then, unless the offense for which the person was arrested is not a bailable offense, the person shall be released upon execution of an appearance bond in the amount of the minimum bond set in Rule 7.2(b), or on his or her personal recognizance pursuant to Rule 7.2(a), or on a signature bond, and shall be directed to appear either at a specified time and place or at such time and place as he or she shall be subsequently notified of; or (iv) In the event the defendant is released on the minimum bond amount provided in the bail schedule, or on personal recognizance or on a signature bond by the judge or magistrate, the prosecutor may file a motion with the court to reconsider the bond amount and the conditions of release, and the procedures thereafter shall be in accordance with

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