A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Article 3 - Issuance and Execution of Writ.
Section 15-10-40 - Issuance by Clerk, District Attorney or Judge.
Section 15-10-41 - Form of Writ - Felony.
Section 15-10-42 - Form of Writ - Misdemeanor.
Section 15-10-43 - Alias and Pluries Writs.
Section 15-10-44 - Execution of Writ by Sheriff or Deputy.
Section 15-10-45 - Execution of Writs, Attachments and Other Process in Adjoining County.
Section 15-10-46 - Copy of Arrest Writ to Be Delivered to Jailer.