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The Alabama Cr 20 form is an essential document in the state’s judicial system, particularly concerning the bail process. This form is utilized by sureties, often known as bondsmen, who are responsible for the release of defendants awaiting trial. When a surety wishes to surrender a defendant back to law enforcement, they must complete this form to initiate the process. The form outlines important details, such as the case number, court information, and the identities of both the defendant and the surety. It also grants the surety the legal authority to arrest the defendant and return them to custody. Additionally, the form includes provisions for designating an agent to carry out the arrest, ensuring that the surety can act even if they cannot be present. Furthermore, the Alabama Cr 20 form emphasizes the responsibilities of the bondsman and the jailer, including deadlines for returning the process to the court. Understanding the implications and requirements of this form is crucial for those involved in the bail process in Alabama.

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State of Alabama Unified Judicial System

Form CR-20(front) Rev.3/95

BONDSMAN’S PROCESS

CASE NUMBER

IN THE_____________________________________COURT OF_____________________________________, ALABAMA

(Circuit, District, or Municipal)(Name of County or Municipality)

STATE OF ALABAMA

MUNICIPALITY OF_______________________________________v._________________________________________

Defendant

and________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

Sureties

WHEREAS, a surety on the bail in the above-styled case has expressed his or her wish to surrender the defendant to the custody of the sheriff or jailer and,

WHEREAS, the clerk of court has checked the records and has found that the above-styled case is still pending; and that the defendant or his or her sureties have not been discharged of their obligations; or that the records in the above-styled case reflect that the defendant has failed to appear for the case on which the obligation of bail as required and a warrant has been issued for the arrest of the defendant. NOW, THEREFORE, this process is issued, as required by law, giving the right to the surety (bondsman) to arrest the defendant at any place within the State of Alabama, or allowing the surety to authorize another person to arrest the defendant by an endorsement in writing on this document below or on an attachment to this document. The surety, bondsman or designee shall forthwith, after the arrest, take the defendant to the jail, as custodian thereof.

Issued this ______________________ day of ____________________, ___________.

________________________________________________

Clerk of Court

BONDSMAN DESIGNEE

I ____________________________________________, as surety on the bail in the above-styled

case, hereby designate ___________________________, as my agent for the purposes of arresting the

defendant as provided above.

________________________________________________

Signature of Bondsman/Surety

BONDSMAN RETURN

On this ____________ day of ________________________, _______, at ____________________ (time),

I,___________________________________, (Bondsman/Agent for________________________ Surety),

surrendered the defendant to the _____________________________jail.

(Name of Municipality or County)

________________________________________________

Signature of Bondsman/Surety

FORM CR-20 (BACK) REV.3/95

BONDSMAN’S PROCESS

NOTICE TO BONDSMAN OR BONDMAN’S DESIGNEE

(1)When notified by the clerk of court to return this process, you must return it within five (5) days of receiving the notice.

(2)Execution of this process after the defendant has been discharged is an illegal arrest.

NOTICE TO THE JAILER

Upon receipt of this Bondsman’s Process, you must return this Process to the clerk within five (5) days of receipt.

IDENTIFICATION OF ACCUSED PERSON

Name of Accused Person

 

 

 

 

 

 

 

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

 

 

 

 

City

 

 

 

 

State

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form Specifications

Fact Name Description
Form Title The official title of the form is "Bondsman’s Process," designated as CR-20 by the State of Alabama Unified Judicial System.
Governing Law This form is governed by Alabama state law, specifically related to bail and surety processes.
Purpose The form allows a surety or bondsman to surrender a defendant to the custody of law enforcement when the defendant has failed to appear in court.
Jurisdiction The form is applicable in various courts across Alabama, including Circuit, District, and Municipal courts.
Timeframe for Return Bondsmen must return the process to the clerk of court within five days of receiving notice to do so.
Illegal Arrest Executing the process after the defendant has been discharged from bail obligations constitutes an illegal arrest.
Identification Requirements The form requires detailed identification information about the accused, including personal details such as name, date of birth, and physical characteristics.

Alabama Cr 20: Usage Guidelines

Filling out the Alabama CR-20 form requires careful attention to detail. This form is essential for a bondsman or surety who needs to surrender a defendant to law enforcement. Once the form is completed, it will need to be submitted to the appropriate court or jail as specified. Here’s a straightforward guide to help you through the process.

  1. Obtain the Form: Start by downloading or printing the Alabama CR-20 form from a reliable source.
  2. Fill in the Case Number: Locate the section labeled "CASE NUMBER" at the top of the form. Enter the specific case number associated with the defendant.
  3. Identify the Court: In the space provided, write the name of the court (Circuit, District, or Municipal) and the name of the county or municipality where the case is being heard.
  4. List the Parties: Fill in the names of the parties involved. This includes the municipality and the defendant's name.
  5. Provide Surety Information: Include the names and addresses of any sureties involved in the case. Ensure this information is accurate and complete.
  6. Complete the Designation Section: If you are designating an agent for arrest, fill in the name of the agent and your signature as the bondsman or surety.
  7. Fill in the Return Section: This section requires you to provide the date and time when the defendant is surrendered, along with the name of the jail where the defendant will be taken.
  8. Sign the Form: Ensure that you sign the form where indicated. This signature confirms your authority and intention to surrender the defendant.
  9. Review for Accuracy: Before submitting, double-check all the information for accuracy and completeness. This helps prevent any delays or issues.
  10. Submit the Form: Return the completed form to the clerk of court or the appropriate jail within the specified timeframe.

Your Questions, Answered

What is the Alabama Cr 20 form used for?

The Alabama Cr 20 form is a legal document that allows a bondsman or surety to surrender a defendant to the custody of law enforcement. This process is necessary when a surety wishes to take action due to a defendant's failure to appear in court or other circumstances that warrant their return to custody. It provides the legal authority for the bondsman to arrest the defendant anywhere in the state of Alabama.

Who can use the Alabama Cr 20 form?

This form is intended for use by bondsmen or sureties who have posted bail for a defendant. If a bondsman believes that the defendant has violated the terms of their bail, they can utilize this form to formally surrender the defendant to law enforcement. Additionally, a bondsman may designate another person to assist in this process.

What information is required on the Alabama Cr 20 form?

The form requires several key pieces of information, including the case number, the names of the court and municipality, the defendant's details, and the bondsman's information. It also includes sections for the designation of an agent by the bondsman and for the bondsman's return of the defendant to jail.

What happens if the defendant has been discharged?

If the defendant has been discharged from their obligations, executing the Alabama Cr 20 form to arrest them would be considered an illegal act. This is a crucial point for bondsmen to understand, as it can lead to legal repercussions if not followed correctly.

How long does a bondsman have to return the process to the clerk of court?

Once notified by the clerk of court, a bondsman must return the process within five days. This timeframe is essential to ensure that all legal procedures are followed and that the case remains active in the court system.

What should a jailer do upon receiving the Alabama Cr 20 form?

Upon receiving the Bondsman’s Process, the jailer is required to return the document to the clerk of court within five days. This ensures that the court maintains accurate records regarding the status of the defendant and the actions taken by the bondsman.

Can a bondsman authorize someone else to arrest the defendant?

Yes, a bondsman can designate another person to arrest the defendant by providing written authorization on the form. This allows the bondsman to delegate the responsibility while still maintaining legal authority over the process.

What details about the accused person are needed on the form?

The form requires comprehensive information about the accused, including their name, contact information, Social Security number, date of birth, physical description, and employment details. This information helps to accurately identify the defendant and facilitate the arrest process.

What are the consequences of not following the instructions on the Alabama Cr 20 form?

Failing to adhere to the instructions outlined on the Alabama Cr 20 form can result in serious consequences. This includes potential legal action against the bondsman for illegal arrest or failure to comply with court orders. It is crucial for bondsmen to understand their responsibilities and follow the process as required by law.

Common mistakes

  1. Incomplete Information: Failing to provide all required details can lead to delays or rejections. Ensure that every section of the form is filled out completely, including the case number, names, and contact information.

  2. Incorrect Signatures: Signatures must match the names listed on the form. A mismatch can raise questions about the validity of the document. Double-check that the bondsman and designee have signed where necessary.

  3. Missing Dates: Dates are crucial for the processing of the form. Omitting the date of issuance or the date of surrender can cause confusion and may lead to processing delays. Always include accurate dates.

  4. Failure to Notify the Clerk: After completing the process, it is important to notify the clerk of court. Not doing so within the required timeframe can result in legal complications. Follow up promptly to ensure compliance.

Documents used along the form

The Alabama Cr 20 form is a crucial document used in the process of surrendering a defendant by a bondsman. However, several other forms and documents often accompany it, each serving specific purposes within the judicial system. Understanding these documents can provide clarity on the legal processes involved in bail and surrender situations.

  • Alabama Cr 19 Form: This form is utilized for the release of a defendant on bail. It outlines the conditions of the bail agreement and is essential for ensuring that all parties understand their obligations.
  • Bail Bond Agreement: This document details the terms of the bail bond, including the amount of the bond, the responsibilities of the surety, and any conditions that the defendant must adhere to while out on bail.
  • Surety's Affidavit: A sworn statement by the surety confirming their financial ability to cover the bond amount. This affidavit is often required to establish the surety's credibility and financial standing.
  • Notice of Surrender: This document is filed by the bondsman to formally notify the court of the surrender of the defendant. It includes details about the defendant and the circumstances of the surrender.
  • Warrant for Arrest: Issued by the court when a defendant fails to appear, this document authorizes law enforcement to arrest the individual. It is critical in cases where the defendant has violated bail conditions.
  • Return of Service: This form documents the actions taken by the bondsman or law enforcement in executing the arrest. It provides a record of when and where the defendant was surrendered to custody.
  • Jail Intake Form: Completed by jail personnel upon the defendant's arrival, this form collects essential information about the individual, including personal details and any health concerns.
  • Release Order: Once the defendant has fulfilled their obligations, this document is issued to formally release them from custody. It signifies that all conditions have been met and the defendant is no longer under the court's supervision.

Each of these documents plays a vital role in the bail process and the judicial system's overall functioning. Familiarity with them can aid individuals navigating these legal waters, ensuring that all necessary steps are taken correctly and efficiently.

Similar forms

The Alabama CR 20 form serves a specific purpose in the legal process involving bail and the surrender of defendants. Several other documents share similarities with this form, particularly in their function and structure. Below is a list of documents that are comparable to the Alabama CR 20 form:

  • Surety Bond Form: This document establishes a contractual agreement between the surety and the court, ensuring the defendant's appearance in court. Like the CR 20, it outlines the obligations of the surety.
  • Warrant of Arrest: Issued by a judge, this document authorizes law enforcement to apprehend a defendant. Similar to the CR 20, it is a legal instrument that allows for the physical custody of an individual.
  • Bail Agreement: This document details the terms under which a defendant can be released from custody. It shares the CR 20's focus on the responsibilities of the surety and the defendant.
  • Notice to Appear: This document requires a defendant to attend court proceedings. Like the CR 20, it emphasizes the importance of compliance with court orders.
  • Release Order: This document formally releases a defendant from custody. It parallels the CR 20 in that it involves the court's authority and the conditions surrounding the defendant's release.
  • Affidavit of Surety: This sworn statement outlines the surety's financial responsibility for the defendant's appearance. It is similar to the CR 20 in its focus on the surety's obligations.
  • Power of Attorney for Arrest: This document allows a surety to designate an agent to act on their behalf in apprehending a defendant. Like the CR 20, it includes provisions for delegation of authority.

Dos and Don'ts

When filling out the Alabama CR-20 form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of actions to take and avoid.

  • Do provide complete and accurate information about the defendant, including their name, address, and contact details.
  • Do ensure that the case number is correctly filled out to avoid processing delays.
  • Do sign the form where indicated, as an unsigned form may be considered invalid.
  • Do submit the form within the required timeframe to comply with court orders.
  • Don't leave any sections blank; incomplete forms can lead to complications.
  • Don't attempt to fill out the form with incorrect or misleading information.
  • Don't forget to include the signature of the bondsman or surety as required.
  • Don't ignore the notice regarding the return of the process; it must be returned within five days.

Adhering to these guidelines will help ensure that the process runs smoothly and legally. Proper completion of the CR-20 form is essential for the effective management of bail and custody issues in Alabama.

Misconceptions

  • Misconception 1: The Alabama Cr 20 form is only for criminal cases.
  • This form can be used in various types of cases, including civil matters where a surety is involved. It is not limited to criminal proceedings.

  • Misconception 2: Only the bondsman can fill out the form.
  • While the bondsman is primarily responsible for completing the form, a designated agent can also fill it out on their behalf. This allows for flexibility in handling the process.

  • Misconception 3: The form must be submitted immediately after the defendant is arrested.
  • The form should be submitted after the arrest, but it is essential to adhere to the timelines specified in the instructions. For example, the bondsman must return the process within five days of notification from the clerk.

  • Misconception 4: The bondsman can arrest the defendant anywhere without restrictions.
  • The bondsman has the right to arrest the defendant anywhere within the State of Alabama, but they must still comply with legal guidelines and procedures outlined in the form.

  • Misconception 5: The bondsman can execute the process even if the defendant has been discharged.
  • This is incorrect. If the defendant has been discharged, executing the process would result in an illegal arrest. The bondsman must verify the status of the defendant before proceeding.

  • Misconception 6: The information on the form is optional.
  • All information requested on the Alabama Cr 20 form is necessary for proper processing. Incomplete forms may lead to delays or complications in the arrest process.

Key takeaways

Filling out and using the Alabama CR-20 form involves several important steps and considerations. Below are key takeaways to keep in mind:

  • The CR-20 form is utilized by bondsmen to surrender a defendant to law enforcement when they have failed to appear in court.
  • It is essential to ensure that all required fields are accurately completed, including the case number, names of the parties involved, and details of the surety.
  • The bondsman must designate an agent for the arrest of the defendant, which requires a signature and the agent's name on the form.
  • After the arrest, the bondsman or their agent must promptly take the defendant to the designated jail and document this on the form.
  • Timeliness is crucial; the bondsman must return the process to the clerk of court within five days of notification, and executing the process after the defendant's discharge is illegal.