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The Alabama CR-57 form is an essential document used within the state's judicial system, specifically for initiating criminal proceedings. This form plays a crucial role in the legal process, allowing individuals to formally request a warrant or summons against an accused person. It includes detailed sections that require information about both the accused and the offense in question. For the accused, essential personal details such as name, address, and physical characteristics must be provided. Likewise, the form requires comprehensive information about the alleged offense, including the nature of the crime, date and time it occurred, and any injuries or damages involved. Additionally, it prompts the complainant to indicate if law enforcement was contacted and whether a weapon was used during the incident. This thoroughness ensures that the court has a clear understanding of the situation, which is vital for the subsequent legal proceedings. By completing the CR-57 form accurately, individuals help to ensure that justice is pursued appropriately and efficiently.

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State of Alabama Unified Judicial System

Form CR-57 (front) Rev.8/98

DEPOSITION

Warrant/Summons Number

Case Number

IN THE_____________________________________COURT OF______________________________________, ALABAMA

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

STATE OF ALABAMA

MUNICIPALITY OF _________________________________v._______________________________________________

Defendant

INSTRUCTIONS: COMPLETE THE FOLLOWING INFORMATION ON THE ACCUSED

Name of Accused (or Alias)

Telephone Number

Social Security Number

Driver’s License Number

Date of Birth

Age

Race

Sex

Height

Weight

Hair

Eyes

Complexion

Address of Accused (or Alias)

City

State

Zip Code

Name of Employer

Employer’s Telephone Number

Address of Employer

City

State

Zip Code

INSTRUCTIONS: COMPLETE THE FOLLOWING INFORMATION ON THE OFFENSE

Offense:__________________________________________________________________________________________________________________________

Date and Time of Offense:____________________________________________________________________________________________________________

Place of Occurrence: ________________________________________________________________________________________________________________

Person Attacked or Property Damaged:__________________________________________________________________________________________________

How AttacKed: _____________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

Was accused under the influence of alcohol or a controlled substance?

Yes

No

Any law enforcement agency contacted?

Yes

No

 

 

If yes, which one? ________________________________________________________________________________________________________________

Did Accused PossesS or Use a Weapon?

 

Yes

 

No

Types: __________________________________________________________

_________________________________________________________________________________________________________________________________

Did you go to the hospital?

Yes

No

Damage Done or Injuries Received: ________________________________________________________________________________________________

Value of Property: ________________________________________________________________________________________________________________

Details of Offense:________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

Check if additional pages are necessary.

Form CR-57 (back) Rev.8/98

DEPOSITION

Any Law Enforcement Agency Contacted?

Yes

No

If yes, which one? ________________________________________________________________________________

I make this statement for the purpose of securing a WARRANT/SUMMONS against the named of accused. I understand that I am instituting a criminal proceeding and cannot dismiss this case. I further understand that if any of the foregoing facts are untrue, I may, in addition to any other punishment provided by law, be taxed with court costs in the proceeding.

Sworn to and Subscribed before me this

 

 

_____________________________________________________________

__________________________ day of

ComplainANt

____________________, __________.

_____________________________________________________________

 

Social Security Number

_______________________________________

_____________________________________________________________

Judge/Clerk/Magistrate

Address

WITNESSES

Name

Address

Telephone Number

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

___________________________________

_____________________________________________

________________________

 

 

 

MAGISTRATE NOTES

 

 

 

 

Warrant or Summons issued?

Yes

No

Warrant Number: __________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

Form Specifications

Fact Name Details
Form Purpose The Alabama CR-57 form is used to initiate a criminal proceeding by securing a warrant or summons against an accused individual.
Governing Law This form operates under Alabama state law, specifically the Alabama Rules of Criminal Procedure.
Information Required The form requires detailed information about the accused, including personal details, offense specifics, and any law enforcement agency contacted.
Witness Information Witnesses must provide their names, addresses, and telephone numbers to support the claims made in the deposition.
Legal Acknowledgment The complainant acknowledges that submitting false information may lead to penalties, including court costs.
Form Revision Date The current version of the CR-57 form was revised in August 1998, indicating its long-standing use in Alabama's judicial system.

Alabama Cr 57: Usage Guidelines

Filling out the Alabama CR-57 form is a crucial step in initiating legal proceedings. It requires careful attention to detail to ensure all necessary information is accurately recorded. Once completed, the form will be submitted to the appropriate court, which will then take the necessary actions based on the information provided.

  1. Begin by entering the court information at the top of the form. Specify the type of court (Circuit, District, or Municipal) and the name of the municipality or county.
  2. Fill in the case number and the deposition warrant/summons number if applicable.
  3. Provide the name of the accused, including any aliases. Include their telephone number, social security number, driver’s license number, date of birth, age, race, sex, height, weight, hair color, eye color, and complexion.
  4. Complete the address section for the accused. Include the city, state, and zip code.
  5. Enter the name of the accused's employer along with the employer’s telephone number and address, including city, state, and zip code.
  6. Next, describe the offense. Be as detailed as possible in the provided space.
  7. Indicate the date and time of the offense and the place where it occurred.
  8. Identify the person attacked or the property that was damaged.
  9. Explain how the attack occurred in the designated area. Provide detailed information.
  10. Answer whether the accused was under the influence of alcohol or a controlled substance at the time of the offense.
  11. State if any law enforcement agency was contacted regarding the incident. If yes, specify which agency.
  12. Indicate whether the accused possessed or used a weapon during the offense and provide details about the type of weapon.
  13. Answer whether the victim went to the hospital and describe any damage done or injuries received.
  14. Provide the estimated value of any property involved in the offense.
  15. Offer additional details regarding the offense in the space provided. Use extra pages if necessary.
  16. On the back of the form, confirm if any law enforcement agency was contacted again and specify which one.
  17. Sign and date the form in the designated area. Include your social security number and the name of the judge, clerk, or magistrate who will witness your signature.
  18. List any witnesses, including their names, addresses, and telephone numbers, in the appropriate section.
  19. Finally, fill out the magistrate notes section, indicating whether a warrant or summons was issued and the warrant number if applicable.

Your Questions, Answered

What is the Alabama CR-57 form?

The Alabama CR-57 form is a legal document used within the state’s judicial system to initiate a criminal proceeding. It serves as a deposition warrant or summons and is essential for formally accusing someone of a crime. The form collects detailed information about the accused, the offense, and any relevant witnesses.

Who should fill out the CR-57 form?

The CR-57 form should be filled out by a complainant, typically a person who has witnessed or been affected by a crime. This individual must provide detailed information regarding the accused and the specifics of the offense. It is important for the complainant to ensure that all information is accurate, as it will be used in legal proceedings.

What information is required on the form?

The form requires various pieces of information, including the name and contact details of the accused, the nature of the offense, the date and time it occurred, and details about any injuries or damages. Additionally, the complainant must indicate whether law enforcement was contacted and if any weapons were involved.

Is there a specific format for completing the form?

Yes, the CR-57 form must be filled out in a clear and legible manner. Each section should be completed with precise information. If additional space is needed, there is an option to check a box indicating that more pages are attached. This ensures that all relevant details are captured.

What happens after the form is submitted?

Once the CR-57 form is completed and submitted, it is reviewed by a judge, clerk, or magistrate. They will determine whether to issue a warrant or summons based on the information provided. If a warrant is issued, law enforcement will be authorized to apprehend the accused.

Can the complainant dismiss the case after filing the form?

No, the complainant cannot dismiss the case once the CR-57 form is filed. By submitting this form, the complainant initiates a legal proceeding, which must follow its course through the judicial system. This emphasizes the seriousness of the accusations being made.

What are the consequences of providing false information on the form?

Providing false information on the CR-57 form can lead to serious legal repercussions. The complainant may face penalties, including being taxed with court costs. Additionally, they could be subject to criminal charges for perjury or filing a false report, which underscores the importance of accuracy.

Do I need legal representation to fill out the CR-57 form?

While it is not mandatory to have legal representation when filling out the CR-57 form, it is advisable. A lawyer can provide guidance on how to accurately complete the form and ensure that all necessary information is included. Legal counsel can also help navigate the subsequent legal processes.

Where can I obtain the CR-57 form?

The CR-57 form can typically be obtained from local courthouses, law enforcement agencies, or online through the Alabama Unified Judicial System’s website. It is important to use the most current version of the form to ensure compliance with legal standards.

What should I do if I have questions about the form?

If you have questions about the CR-57 form or the process it initiates, consider reaching out to a legal professional or your local courthouse. They can provide clarity on how to complete the form and what to expect during the legal proceedings that follow.

Common mistakes

  1. Incomplete Information: Many people fail to fill out all required fields on the form. Missing details such as the name of the accused, their address, or the offense can lead to delays or rejections.

  2. Incorrect Dates or Times: Entering the wrong date or time of the offense is a common mistake. This can create confusion and may affect the legal proceedings.

  3. Failure to Sign: Some individuals forget to sign the form. A signature is crucial as it verifies that the information provided is accurate and that the complainant understands the implications of filing.

  4. Not Providing Enough Details: Insufficient information about the offense can hinder the case. Describing the incident thoroughly helps law enforcement understand the situation better.

Documents used along the form

The Alabama CR-57 form is a crucial document used in criminal proceedings, particularly for initiating warrants or summonses. Several other forms and documents often accompany it, each serving a specific purpose in the legal process. Below is a list of these documents, along with a brief description of each.

  • Affidavit of Complaint: This document provides a sworn statement detailing the facts of the case, supporting the request for a warrant or summons. It serves as a foundation for the legal action.
  • Warrant of Arrest: Issued by a judge, this document authorizes law enforcement to apprehend the accused. It includes details about the alleged offense and the identity of the accused.
  • Summons: A legal document that notifies the accused of the charges against them and requires their appearance in court. It is less severe than a warrant of arrest.
  • Notice of Hearing: This document informs all parties involved of the date, time, and location of the court hearing. It ensures that everyone is aware of the proceedings.
  • Victim Impact Statement: A statement from the victim outlining how the crime has affected them. This document can influence sentencing decisions and provide the court with a personal perspective on the impact of the offense.
  • Preliminary Hearing Report: A summary of the evidence presented at the preliminary hearing. This report helps the court determine whether there is enough evidence to proceed with the case.
  • Bond Application: This form is used to request the release of the accused from custody, often in exchange for a financial guarantee. It outlines the conditions under which the accused may be released.
  • Discovery Request: A formal request for evidence and information from the opposing party. This document helps ensure that both sides have access to the necessary materials for a fair trial.
  • Plea Agreement: A document outlining an agreement between the prosecution and the defense, where the accused may plead guilty to a lesser charge in exchange for a lighter sentence.
  • Sentencing Memorandum: A document submitted to the court detailing the recommended sentence for the accused, often considering various factors such as the nature of the crime and the defendant's background.

Each of these documents plays a vital role in the criminal justice process in Alabama. Understanding their functions can enhance clarity and ensure that all parties involved are adequately prepared for the proceedings ahead.

Similar forms

The Alabama CR-57 form is a crucial document in the legal process, specifically related to criminal cases. Several other documents serve similar purposes in different contexts or jurisdictions. Here’s a look at eight documents that share similarities with the Alabama CR-57 form:

  • Affidavit of Complaint: This document is often used to initiate a criminal case, detailing the facts that support the complaint against an accused individual. Like the CR-57, it requires specific information about the accused and the alleged offense.
  • Criminal Summons: A criminal summons notifies a defendant of the charges against them and orders them to appear in court. Similar to the CR-57, it includes details about the offense and the accused, ensuring all parties are informed.
  • Warrant for Arrest: This document authorizes law enforcement to arrest an individual based on probable cause. The CR-57 can lead to a warrant, as it provides the necessary information for law enforcement to act.
  • Incident Report: Law enforcement agencies create incident reports to document the details of a crime. These reports often contain similar information as the CR-57, such as the nature of the offense, involved parties, and any witnesses.
  • Complaint Form: This form is used to formally outline the allegations against a defendant. It shares the CR-57's purpose of initiating legal proceedings and includes similar information about the accused and the offense.
  • Statement of Facts: This document provides a narrative of the events leading to the charges against an individual. Like the CR-57, it aims to present a clear picture of the situation for the court's consideration.
  • Preliminary Hearing Transcript: This record details the proceedings of a preliminary hearing, where evidence is presented to determine if there is enough cause to proceed with charges. It reflects the information found in the CR-57 regarding the offense and involved parties.
  • Probable Cause Affidavit: This document supports the issuance of a search or arrest warrant by demonstrating sufficient evidence. It shares the CR-57's focus on establishing the facts surrounding the alleged offense.

Understanding these documents can provide valuable insight into the legal process and the various ways in which allegations are formally addressed in the judicial system.

Dos and Don'ts

When filling out the Alabama CR-57 form, attention to detail is essential. Here are nine important dos and don’ts to consider:

  • Do provide accurate information about the accused, including full name and any aliases.
  • Do include all relevant contact information, such as telephone numbers and addresses.
  • Do specify the offense clearly, including the date, time, and place of occurrence.
  • Do indicate whether any law enforcement agency was contacted regarding the incident.
  • Do ensure that all sections of the form are completed, including details about injuries or damages.
  • Don’t leave any fields blank unless instructed; incomplete forms may delay the process.
  • Don’t provide false information, as this can result in legal consequences.
  • Don’t forget to sign and date the form in the designated area.
  • Don’t submit the form without reviewing it for accuracy and completeness.

By following these guidelines, individuals can help ensure that the form is processed efficiently and effectively.

Misconceptions

Understanding the Alabama CR-57 form can be challenging, especially with the various misconceptions that surround it. Here are six common misunderstandings that people often have:

  • The CR-57 form is only for serious crimes. Many believe this form is limited to severe offenses, but it can be used for a wide range of incidents, including minor misdemeanors.
  • You must have an attorney to fill out the CR-57 form. While having legal representation can be beneficial, individuals can complete the form on their own if they understand the requirements and instructions.
  • The information provided on the form is confidential. This is a common misconception. Information submitted on the CR-57 may become part of the public record, which means it could be accessible to others.
  • Submitting the CR-57 form guarantees an arrest. While the form initiates a criminal proceeding, it does not ensure that law enforcement will make an arrest. The decision to arrest is ultimately up to the authorities.
  • Filling out the form is a quick process. Many assume that completing the CR-57 is straightforward and quick. However, gathering accurate information and details about the offense can take time and careful consideration.
  • You can withdraw your complaint after submitting the form. Once the CR-57 is filed, the complainant cannot simply withdraw it. This form initiates legal action that must follow its own course.

By clarifying these misconceptions, individuals can approach the CR-57 form with a better understanding of its purpose and implications. Always consider seeking guidance if you have questions or concerns about the process.

Key takeaways

When filling out and using the Alabama CR-57 form, keep the following key takeaways in mind:

  • Accurate Information: Ensure that all personal details about the accused, such as name, address, and date of birth, are filled in accurately. Mistakes can lead to delays or complications in the legal process.
  • Detailed Offense Description: Provide a thorough account of the offense, including the date, time, and location. Include specifics about how the incident occurred and any injuries or damages sustained.
  • Witness Information: Include the names and contact details of any witnesses. This information can be crucial for the case and may assist law enforcement in their investigation.
  • Law Enforcement Contact: Indicate if any law enforcement agency was contacted regarding the incident. Specify which agency, as this can affect the case's handling.
  • Signature Requirement: The form must be signed and sworn before a judge, clerk, or magistrate. This step is essential for the validity of the document and the initiation of legal proceedings.