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The Cr 28 Alabama form is an essential document within the state's judicial system, specifically designed for situations involving bail and the surrender of defendants. This form is utilized by sureties who wish to apply for a Bondsman’s Process, enabling them to take action when a defendant needs to be returned to custody. It serves as a formal request directed to the clerk of the relevant court, detailing the case number, the court's name, and the specific municipality or county involved. The surety, who is the individual or entity guaranteeing the defendant's appearance in court, must provide their personal information, including their address, along with the date of application. By filling out this form, the surety affirms their commitment to ensure that the defendant is apprehended and brought back into custody, thereby facilitating the legal process and upholding the rule of law in Alabama.

Misconceptions

Understanding the CR-28 Alabama form can be challenging, especially with the various misconceptions that surround it. Here are seven common misunderstandings:

  • The CR-28 form is only for criminal cases. Many believe this form is exclusively for criminal matters, but it can also be used in civil cases where bail is involved.
  • Only licensed bondsmen can use the CR-28 form. While licensed bondsmen typically use this form, any individual acting as a surety can apply for bondsman’s process.
  • The form guarantees the defendant's release. This is not true. The CR-28 form is a request for the issuance of bondsman’s process but does not guarantee that a defendant will be released from custody.
  • Once submitted, the process is automatic. Some think that submitting the CR-28 form automatically leads to the arrest of the defendant. In reality, the court must review and approve the request first.
  • The CR-28 form can be used anywhere in the country. This form is specific to Alabama and is only valid within the state. It cannot be used in other states.
  • The information on the form is not important. Every detail on the CR-28 form is crucial. Inaccurate or incomplete information can lead to delays or denial of the request.
  • Filing the CR-28 form is a quick process. Many assume that the process is fast, but it can take time for the court to process and approve the application.

By addressing these misconceptions, individuals can better understand the purpose and use of the CR-28 form in Alabama's legal system.

Example - Cr 28 Alabama Form

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)

Similar forms

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 notice of surrender for a defendant who is out on bail. Like the CR-28, it allows a surety to formally notify the court of their intention to surrender the defendant. Both documents require the surety's information and details about the defendant, ensuring that the court is kept informed about the status of bail and the defendant’s whereabouts.

Another related document is the CR-30 form, which is known as the Application for Bail. This form is essential for a defendant seeking to secure their release from custody. Similar to the CR-28, the CR-30 requires detailed information about the defendant and the surety. Both forms are integral to the bail process, facilitating communication between the surety, the court, and law enforcement regarding the defendant's status.

The CR-31 form, or the Bail Bond, is also comparable to the CR-28. This document is executed by the surety to guarantee the defendant’s appearance in court. The CR-31 outlines the terms of the bail agreement, much like the CR-28 establishes the surety's intent to surrender the defendant. Both forms ensure that the responsibilities of the surety are clearly defined and legally binding.

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In addition, the CR-32 form, known as the Notice of Forfeiture, shares similarities with the CR-28. This document is issued when a defendant fails to appear in court, notifying the surety of the potential forfeiture of the bail bond. Like the CR-28, the CR-32 involves the surety and requires their prompt attention to mitigate potential financial losses associated with the bail process.

The CR-33 form, or the Motion to Revoke Bail, is another document that aligns with the CR-28. This form allows a party to request the court to revoke a defendant's bail due to specific violations. Both documents involve the surety's role in the bail process and underscore the importance of compliance with court orders, emphasizing the legal obligations of the surety in relation to the defendant.

Furthermore, the CR-34 form, known as the Application for Release on Own Recognizance, is similar in its purpose to the CR-28. This document is filed by a defendant seeking release without bail. While the CR-28 focuses on the surety's ability to surrender a defendant, both forms highlight the judicial system's flexibility in managing defendants' release conditions, reflecting the balance between public safety and individual rights.

Lastly, the CR-35 form, or the Affidavit of Surety, is comparable to the CR-28 in that it provides a sworn statement from the surety regarding their financial ability to cover the bail amount. Both forms require the surety to affirm their responsibilities and obligations. This connection emphasizes the critical role of the surety in the bail process and the legal ramifications of their commitments.

Common mistakes

Filling out the CR-28 Alabama form can be a straightforward process, but many individuals make common mistakes that can lead to delays or complications. One significant error occurs when applicants fail to provide the correct case number. This number is crucial for identifying the specific case in question. Omitting or incorrectly entering this information can result in the application being rejected or processed incorrectly.

Another frequent mistake is not specifying the appropriate court type. The form requires the applicant to indicate whether it is a Circuit, District, or Municipal court. Misidentifying the court type can create confusion and may lead to the application being sent to the wrong jurisdiction.

Inaccurate or incomplete personal information is also a common issue. Applicants often neglect to fill in their full name, address, or contact information. Providing accurate details is essential, as it ensures that the court can reach the applicant if necessary. Missing information can lead to significant delays in processing the application.

Many applicants overlook the requirement to sign the form. A signature is not merely a formality; it signifies that the applicant acknowledges the contents of the application and agrees to the responsibilities involved. Without a signature, the application cannot be processed.

Another mistake involves the designation of the bondsman. Some applicants fail to clearly indicate who will be responsible for the defendant's custody. This oversight can complicate matters if the bondsman is not properly identified, leading to potential legal issues down the line.

Additionally, applicants sometimes forget to include the date of the application. This date is important for tracking the timeline of the case and ensuring that all legal processes are followed in a timely manner. An absence of this date can result in administrative confusion.

Lastly, applicants may neglect to review the entire form before submission. It is vital to double-check for any errors or omissions. Taking the time to carefully review the completed form can prevent unnecessary complications and ensure a smoother process.