(a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant is guilty thereof, he must be discharged, if the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if the offense is not bailable, he must be committed to jail by an order in writing.
(b) The form of commitment may be in substance as follows:
On the examination of A. B., charged with the offense of murder (or other offense, as the case may be, describing it by name, or so that it may be clearly inferred), it appearing that such offense has been committed and that there is sufficient cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him into your custody and to detain him until he is legally discharged.
Dated this ____ day of _____, 20__
Structure Code of Alabama
Title 15 - Criminal Procedure.
Chapter 11 - Preliminary Hearings.
Section 15-11-3 - Adjournment; Commitment of Defendant to Jail or Bail.
Section 15-11-5 - Issuance of Alias Arrest Warrant Upon Default.
Section 15-11-6 - Examination of Complainant and Witnesses.
Section 15-11-7 - Appearance by Counsel for Defendant; Separation of Witnesses; Control of Hearing.
Section 15-11-8 - Duty of Court to Examine All Witnesses.
Section 15-11-9 - When Defendant to Be Discharged.
Section 15-11-10 - When Defendant Committed to Bail or Jail; Form of Commitment.
Section 15-11-11 - Amount of Bail to Be Endorsed on Commitment; Discharge of Defendant.
Section 15-11-12 - Requiring Witnesses to Enter Undertaking; Form of Undertaking.
Section 15-11-13 - Requiring Sureties of Married Women and Minors When Witnesses for Prosecution.
Section 15-11-15 - Court to Report When Person Held on Indictment; Report When No Committals.