(a) Whoever, having been released pursuant to this subpart, willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture of any security which was given or was pledged for his or her release, and, in addition shall be guilty of a Class B misdemeanor. Such a person convicted of such misdemeanor shall be punished as provided for in the Alabama Criminal Code, or other applicable law.
(b) Failure to appear after notice of the appearance date shall be prima facie evidence that the failure to appear was willful. Whether the person was warned when released of the penalties for failure to appear, shall be a factor in determining whether the failure to appear was willful. The district attorney or any assistant district attorney, or any other person responsible for administering this subpart, shall initiate prosecution for violation of this provision by making affidavit for a warrant to be issued by any officer authorized to issue warrants. The person who failed to appear shall be arrested and shall be brought before a judicial officer in the county in the same way other misdemeanor prosecutions proceed.
(c) A defendant may be convicted under this section, even if he or she has not received actual notice of the appearance date, if (1) reasonable efforts to notify the defendant have been made, and (2) the defendant, by his or her own actions, has frustrated the receipt of actual notice.
Structure Code of Alabama
Division 2 - Work and Pretrial Release.
Section 45-45-233.20 - Work Release for Gainful Employment Conducive to Rehabilitation.
Section 45-45-233.21 - Reporting to Jail.
Section 45-45-233.22 - Failure to Report to Jail.
Section 45-45-233.23 - Earnings; Madison County Work Release and Pretrial Release Fund.
Section 45-45-233.24 - Waiver of Collection and Payment.
Section 45-45-233.25 - Disposition of Funds.
Section 45-45-233.26 - Legislative Intent.
Section 45-45-233.27 - Judicial Officer.
Section 45-45-233.28 - Release Pending Trial; Conditions; Order; Notice.
Section 45-45-233.29 - Failure to Appear.
Section 45-45-233.30 - Revocation of Release - Violation of Condition of Release.
Section 45-45-233.31 - Revocation of Release - Probable Cause of Felony or Misdemeanor.
Section 45-45-233.32 - Bribery.
Section 45-45-233.33 - Accepting a Bribe.
Section 45-45-233.34 - Forfeiture of Cash or Security.
Section 45-45-233.35 - Madison County Work Release and Pretrial Release Commission.
Section 45-45-233.36 - Transfer of Funds; Grants.