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Outline

The Cr 28 Alabama form is a crucial document within the state's judicial system, specifically designed for bondsmen seeking to surrender a defendant to law enforcement. This form facilitates the process of issuing a Bondsman’s Process, which allows a surety to apprehend the defendant at any location throughout Alabama. It is used in various courts, including Circuit, District, and Municipal courts, and requires specific information such as the case number and the name of the court. The applicant must provide their details, including their address, ensuring that the court has accurate contact information. By completing this form, the surety formally requests the authority to take action against a defendant who may have violated bail conditions. This process is vital for maintaining the integrity of the bail system and ensuring that defendants fulfill their obligations to the court.

Sample - 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)

Form Information

Fact Name Description
Form Title The form is officially titled "APPLICATION FOR BONDSMAN’S PROCESS".
Governing Law This form is governed by the laws of the State of Alabama, specifically related to bail procedures.
Purpose The purpose of the CR-28 form is to allow a surety to apply for a Bondsman’s Process to surrender a defendant.
Application Date The form requires the date of application to be filled out by the surety.
Defendant Information It includes a section to specify the name of the defendant involved in the case.
Jurisdiction The form must indicate the court type, which can be Circuit, District, or Municipal.
Surety Details The surety must provide their name, address, city, state, and zip code on the form.
Signature Requirement The surety is required to sign the form, affirming their intention to surrender the defendant.
Revocation Date This version of the form was last revised in August 1997, indicating its long-standing use.

Detailed Guide for Filling Out Cr 28 Alabama

Filling out the Cr 28 Alabama form requires careful attention to detail. This form is necessary for a bondsman who wishes to surrender a defendant to the authorities. The following steps will guide you through the process of completing the form accurately.

  1. Begin by entering the case number in the designated space.
  2. In the first blank line, write the name of the court where the case is being heard. This could be the Circuit, District, or Municipal Court.
  3. On the second blank line, fill in the name of the municipality or county associated with the court.
  4. In the next section, write the name of the municipality where the application is being made.
  5. Next, enter the name of the defendant in the space provided.
  6. Move to the section addressed to the clerk of the court. Write your name as the surety on the bail undertaking.
  7. Fill in the date of application in the designated space.
  8. Provide your complete street address or P.O. Box, including the city, state, and zip code.

Once you have completed the form, review all entries for accuracy. Ensure that all required information is filled out clearly. After verification, the form can be submitted to the appropriate court for processing.

Obtain Answers on Cr 28 Alabama

  1. What is the purpose of the CR-28 form?

    The CR-28 form serves as an application for a Bondsman’s Process in Alabama. It allows a surety, who has provided bail for a defendant, to formally request the court to issue a process that enables them or a designated person to arrest the defendant. This can be necessary if the defendant fails to appear in court or if the surety wishes to surrender the defendant to law enforcement.

  2. Who can fill out the CR-28 form?

    The form can be completed by the surety, who is an individual or entity that has agreed to be responsible for the defendant's bail. It is essential that the surety has a legitimate interest in ensuring the defendant's appearance in court, as they may face financial consequences if the defendant does not comply.

  3. What information is required on the CR-28 form?

    Several key pieces of information must be included on the CR-28 form:

    • The case number associated with the defendant.
    • The name of the court where the case is being heard (Circuit, District, or Municipal).
    • The name of the municipality or county.
    • The name of the defendant.
    • The surety's name and contact information, including their street address, city, state, and zip code.
    • The date of the application.
  4. How does the process of issuing a Bondsman’s Process work?

    Once the CR-28 form is submitted to the court, the clerk will review the application. If everything is in order, the court will issue a Bondsman’s Process. This document authorizes the surety or their designated person to arrest the defendant anywhere in Alabama. The surety must then ensure that the defendant is taken into custody and brought before the court.

  5. What happens after the Bondsman’s Process is issued?

    After the issuance of the Bondsman’s Process, the surety or their designee can proceed to locate and arrest the defendant. It is crucial to act promptly, as the process is time-sensitive. Once the defendant is apprehended, they must be brought back to the court to address the original charges. Failure to do so may result in further legal complications for the surety.

  6. Are there any fees associated with the CR-28 form?

    While the CR-28 form itself does not typically have a fee, there may be associated costs involved in the overall process of bail and arrest. These can include court fees, attorney fees, or costs related to the apprehension of the defendant. It is advisable for the surety to consult with legal counsel to understand any potential financial obligations that may arise.

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 frequent error occurs when applicants fail to provide complete information in the designated fields. For instance, omitting the case number or the full name of the court can result in the application being rejected. Each piece of information is crucial for the court to process the request efficiently.

Another mistake involves the incorrect designation of the court type. Applicants sometimes confuse whether to indicate a Circuit, District, or Municipal court. This misstep can lead to confusion about jurisdiction and may necessitate resubmission of the form. Ensuring that the correct court type is selected helps streamline the process and avoids unnecessary complications.

Additionally, many applicants overlook the importance of providing accurate contact information. The street address, city, state, and zip code must be filled out correctly. If the court cannot reach the surety due to incorrect information, it can hinder the timely processing of the application. Clear and accurate contact details are essential for effective communication.

Some individuals also neglect to sign the form. A signature is a vital part of the application, as it confirms the surety's intention to take responsibility for the defendant. Without a signature, the form is incomplete and cannot be processed. It is always wise to double-check that all required signatures are present before submission.

Lastly, applicants may fail to keep a copy of the completed form for their records. Having a copy can be invaluable if questions arise later or if there is a need to reference the application. Keeping a personal record helps maintain transparency and accountability throughout the legal process.

Documents used along the form

The CR-28 form is an important document used in Alabama's judicial system for bondsmen seeking to surrender a defendant. Along with this form, several other documents may be necessary to ensure proper processing and compliance with legal requirements. Below is a list of commonly used forms and documents that often accompany the CR-28.

  • CR-29: Application for Bail - This form is used by defendants or their representatives to formally request bail. It outlines the conditions under which bail may be granted.
  • CR-30: Bail Bond - This document serves as a contract between the surety and the court, guaranteeing that the defendant will appear for all required court dates in exchange for their release.
  • CR-31: Notice of Surrender - A notice filed by the surety to inform the court that the defendant has been surrendered back into custody. This document is essential for maintaining clear communication with the court.
  • CR-32: Affidavit of Surety - This affidavit provides a sworn statement from the surety affirming their responsibility for the defendant's bail and confirming their ability to pay if necessary.
  • CR-33: Motion for Exoneration of Bond - This motion is filed by the surety to request the release of their financial obligation once the defendant has fulfilled all court appearances.
  • CR-34: Order of Forfeiture - If a defendant fails to appear, this order is issued by the court to declare the bail bond forfeited, allowing the court to collect the bond amount.
  • CR-35: Release of Surety - This document formally releases the surety from their obligations once the defendant has completed their court requirements.
  • CR-36: Certificate of Service - This certificate verifies that all necessary parties have been notified regarding the proceedings, ensuring compliance with legal notification requirements.

Understanding these accompanying documents can streamline the process for bondsmen and defendants alike. Each form plays a crucial role in the judicial system, ensuring that all parties are informed and that legal protocols are followed. Properly managing these documents can help avoid complications in the legal process.

Similar forms

The CR-28 form in Alabama is used for applying for a bondsman's process. Several other documents serve similar purposes in the legal system, particularly concerning bail and the responsibilities of sureties. Here are seven documents that are comparable:

  • CR-29: Application for Bail - This form is used to formally request bail for a defendant, outlining the terms and conditions under which bail is granted.
  • CR-30: Bail Bond - A bail bond is a written agreement where a surety promises to pay a specified amount if the defendant fails to appear in court.
  • CR-31: Notice of Surrender - This document notifies the court of the surety's intent to surrender the defendant back into custody, similar to the purpose of the CR-28.
  • CR-32: Motion to Revoke Bail - This form is filed to request the court to revoke bail, often due to the defendant's noncompliance with bail conditions.
  • CR-33: Release Order - This document is issued by the court to formally release a defendant from custody once bail conditions have been met.
  • CR-34: Surety's Affidavit - An affidavit where the surety declares their financial ability and willingness to cover the bail amount, reinforcing the bond process.
  • CR-35: Bond Forfeiture Notice - This notice informs the surety that the bond may be forfeited due to the defendant's failure to appear, highlighting the risks involved in the bail process.

Dos and Don'ts

When filling out the Cr 28 Alabama form, there are important guidelines to follow. Here’s a helpful list of things you should and shouldn’t do to ensure your application is processed smoothly.

  • Do double-check all information for accuracy before submitting the form.
  • Do ensure you include your complete address, including street, city, state, and zip code.
  • Do sign and date the application where indicated.
  • Do clearly indicate the name of the court and municipality involved in the case.
  • Do keep a copy of the completed form for your records.
  • Don’t leave any sections of the form blank; fill in all required fields.
  • Don’t use abbreviations that could confuse the information provided.
  • Don’t submit the form without checking for spelling errors.
  • Don’t forget to include any additional documentation that may be required.
  • Don’t rush through the process; take your time to ensure everything is correct.

Misconceptions

Misconceptions about the CR-28 Alabama form can lead to confusion for those involved in the bail process. Here are six common misunderstandings:

  • The CR-28 form is only for criminal cases. Many people believe this form is exclusive to criminal cases. In reality, it can be used in various types of legal proceedings where bail is involved.
  • Only the defendant can apply for the CR-28 form. Some think that only the defendant has the right to apply for this form. However, it is actually the surety, or bondsman, who submits the application to surrender the defendant.
  • The form guarantees immediate arrest of the defendant. There is a misconception that submitting the CR-28 form leads to the immediate arrest of the defendant. In fact, it allows the surety to initiate the arrest process, but it does not guarantee instant action by law enforcement.
  • The CR-28 form can be used anywhere in the U.S. Some believe that the CR-28 form is valid nationwide. However, this form is specific to Alabama and can only be used within the state.
  • Filling out the form is a simple process that requires no legal knowledge. While the form may seem straightforward, it is important to understand the legal implications of signing it. Misunderstanding the responsibilities involved can lead to serious consequences.
  • Once the form is submitted, the surety has no further responsibilities. Many think that submitting the CR-28 form absolves the surety of all obligations. In reality, the surety remains responsible for ensuring the defendant appears in court.

Understanding these misconceptions can help individuals navigate the bail process more effectively. Always consider seeking legal advice if unsure about any aspect of the form or the process involved.

Key takeaways

When dealing with the Cr 28 Alabama form, it is essential to understand its purpose and how to fill it out correctly. Here are some key takeaways:

  • Purpose of the Form: The Cr 28 form is used to apply for a Bondsman’s Process, allowing a surety to surrender a defendant to law enforcement.
  • Correct Court Identification: Ensure you fill in the correct court type (Circuit, District, or Municipal) and the name of the municipality or county accurately.
  • Defendant Information: Clearly state the defendant’s name in the appropriate section to avoid any confusion regarding who is being surrendered.
  • Signature Requirements: The surety must sign the form, confirming their role and intention to surrender the defendant.
  • Submission Details: Submit the completed form to the clerk of the court where the case is being heard to initiate the process effectively.

Completing the Cr 28 form accurately is crucial to ensure a smooth legal process. Be diligent and thorough when filling it out.