Get Cr 28 Alabama Form

Get Cr 28 Alabama Form

The Cr 28 Alabama form is an official application used within the Alabama Unified Judicial System for requesting a Bondsman’s Process. This form allows a surety to surrender a defendant to the custody of law enforcement, facilitating the arrest of the defendant at any location in the state. Completing this form accurately is crucial for ensuring the proper handling of bail matters; take action now by filling out the form using the button below.

Structure

The CR-28 form, a crucial document within the Alabama Unified Judicial System, serves as an application for a Bondsman’s Process. This form is primarily utilized by sureties who wish to surrender a defendant back into custody. By filling out the CR-28, the surety requests the court to issue a process that allows for the defendant’s arrest by the surety or a designated individual. This process is essential for ensuring that defendants who may have missed court appearances or otherwise need to be returned to custody can be apprehended efficiently and legally. The form requires specific information, including the case number, the court in which the case is being heard, and the details of the surety, such as their name and address. The clarity and completeness of the information provided on the CR-28 are vital, as they facilitate the prompt processing of the application and the subsequent actions to be taken by law enforcement. Understanding the significance of this form is important for anyone involved in the bail process, as it underscores the responsibilities of sureties and the legal mechanisms in place to uphold the integrity of the judicial system.

Cr 28 Alabama Preview

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)

Document Data

Fact Name Description
Form Purpose The CR-28 form is used to apply for a Bondsman’s Process in Alabama, allowing a surety to surrender a defendant to law enforcement.
Governing Law This form is governed by Alabama state law, specifically Title 15, Chapter 13 of the Code of Alabama.
Form Revision The current version of the CR-28 form was revised in August 1997.
Applicable Courts The form can be filed in Circuit, District, or Municipal Courts within the State of Alabama.

How to Use Cr 28 Alabama

Filling out the CR-28 form is a straightforward process. It’s important to ensure that all information is accurate and complete to avoid any delays. After completing the form, you will submit it to the appropriate court clerk for processing.

  1. Begin by locating the section labeled "APPLICATION FOR BONDSMAN’S PROCESS" at the top of the form.
  2. In the space provided, write the case number associated with the defendant.
  3. Next, fill in the name of the court where the application is being submitted. Specify whether it is a Circuit, District, or Municipal court.
  4. Indicate the name of the municipality or county in the designated area.
  5. In the section labeled "STATE OF ALABAMA MUNICIPALITY OF," write the full name of the municipality.
  6. Next, fill in the name of the defendant in the space provided after "V."
  7. Address the form to the clerk of the court by writing "TO THE CLERK OF THE ABOVE-NAMED COURT."
  8. In the designated area, include the date of application by writing the current date.
  9. Sign your name as the surety in the appropriate space.
  10. Provide your street address or P.O. Box in the next line.
  11. Fill in your city, state, and zip code in the final line.

Key Facts about Cr 28 Alabama

What is the CR-28 form used for?

The CR-28 form is an application for Bondsman’s Process in Alabama. It allows a surety, who has posted bail for a defendant, to request the court to issue a process that authorizes the arrest of that defendant. This is typically used when a surety needs to surrender the defendant back into custody, ensuring that the defendant can be taken into custody by the surety or a designated person.

Who can fill out the CR-28 form?

The form can be filled out by the surety who has provided bail for the defendant. This individual is responsible for ensuring the defendant appears in court. It is important that the surety understands their obligations and the process involved in using this form.

What information is required on the CR-28 form?

The CR-28 form requires several pieces of information. You will need to provide the case number, the name of the court, the municipality or county where the case is being heard, and the defendant's name. Additionally, the surety must provide their name, address, and the date of the application.

Where should the completed CR-28 form be submitted?

The completed CR-28 form should be submitted to the clerk of the court where the case is being processed. It is essential to ensure that the form is filled out accurately and completely to avoid delays in the process.

What happens after I submit the CR-28 form?

Once the CR-28 form is submitted, the court will review the application. If approved, the court will issue a Bondsman’s Process. This document will allow you or a designated person to arrest the defendant and return them to custody. Make sure to keep a copy of the issued process for your records.

Is there a fee associated with filing the CR-28 form?

There may be a fee associated with filing the CR-28 form, depending on the specific court’s policies. It is advisable to check with the court clerk’s office for any applicable fees and payment methods prior to submission.

Can I designate someone else to execute the Bondsman’s Process?

Yes, as the surety, you can designate another person to execute the Bondsman’s Process. You must indicate this designation on the application form. However, it is essential that the person you choose is trustworthy and understands the responsibilities involved in arresting the defendant.

What if the defendant does not appear in court after I submit the CR-28 form?

If the defendant fails to appear in court after you have submitted the CR-28 form and obtained the Bondsman’s Process, you may be responsible for the full amount of the bail. It is crucial to act promptly in such situations to minimize potential losses and legal complications.

Common mistakes

When filling out the CR-28 Alabama form, individuals often make several common mistakes that can lead to delays or complications. One frequent error is failing to provide a complete case number. This number is essential for the court to process the application correctly. Omitting or incorrectly entering this information can result in the application being rejected.

Another mistake involves not specifying the correct court. The form requires the name of the court, whether it is a circuit, district, or municipal court. Misidentifying the court can lead to confusion and may cause the application to be directed to the wrong location.

Many applicants neglect to include the full name of the municipality or county. This detail is crucial as it identifies the jurisdiction where the case is being heard. Inaccuracies or omissions in this section can hinder the processing of the application.

In addition, some individuals forget to sign the form. A signature is a necessary part of the application, as it verifies the identity of the surety. Without a signature, the application cannot be considered valid.

Another common oversight is not providing a complete and accurate address. The form requires the surety’s street address or P.O. Box, city, state, and zip code. Missing or incorrect information can delay communication regarding the application.

Applicants sometimes fail to date the application. The date of application is important for tracking purposes and for determining the timeliness of the request. An undated application may be considered incomplete.

Some individuals may also overlook the requirement to clearly print their name. Illegible handwriting can lead to misunderstandings and miscommunications. Ensuring that all information is clearly written can help avoid such issues.

Another mistake is not indicating the designated person for the arrest process. The form allows for another person to be designated by the surety. Failing to include this information can limit the options for executing the bondsman’s process.

In some cases, applicants may provide outdated information. It is important to ensure that all details, including addresses and contact information, are current. Using outdated information can complicate the process.

Finally, individuals may neglect to review the entire form for completeness before submission. Taking the time to double-check all entries can prevent many of the issues outlined above. A thorough review can help ensure that the application is processed smoothly.

Documents used along the form

The CR-28 Alabama form is an important document used in the process of surrendering a defendant to custody. Several other forms and documents are commonly associated with this process. Below is a list of these documents, each with a brief description.

  • Bail Bond Agreement: This document outlines the terms and conditions under which a bail bond is issued. It specifies the amount of bail, obligations of the surety, and the rights of the defendant.
  • Surety Affidavit: This affidavit is completed by the surety to affirm their commitment to the bail bond. It includes personal information and financial disclosures to establish the surety's capability to cover the bond.
  • Notice of Surrender: This form is used to formally notify the court and relevant parties that the surety intends to surrender the defendant. It includes details about the defendant and the reason for surrender.
  • Defendant's Release Form: This document is completed when the defendant is released from custody. It includes conditions of release and signatures from both the defendant and the surety.
  • Writ of Arrest: This legal document authorizes law enforcement to arrest the defendant. It is issued by the court upon the surety's application for a Bondsman’s Process.
  • Proof of Identification: Sureties must provide valid identification, such as a driver’s license or passport, to verify their identity when applying for bondsman’s process.
  • Indemnity Agreement: This agreement outlines the responsibilities of the surety in the event that the defendant fails to appear in court. It protects the interests of the bail bondsman.
  • Financial Statement: A financial statement may be required to assess the surety's ability to cover the bail amount. It includes details about income, assets, and liabilities.

These documents are essential in ensuring that the bail process is conducted smoothly and legally. Each plays a specific role in the overall procedure, providing necessary information and protections for all parties involved.

Similar forms

The CR-28 Alabama form is similar to several other documents used in legal proceedings. Each document serves a specific purpose related to bail and the process of surrendering a defendant. Below are four documents that share similarities with the CR-28:

  • CR-29 Application for Bail: This form is used to request bail for a defendant. Like the CR-28, it involves the surety and outlines the conditions under which bail is granted.
  • CR-30 Notice of Bail Forfeiture: This document notifies the surety of a bail forfeiture when a defendant fails to appear in court. It is closely related to the CR-28 as it deals with the consequences of the bail agreement.
  • CR-31 Surrender of Defendant: This form is filed when a surety formally surrenders a defendant to the court. Similar to the CR-28, it outlines the process and responsibilities of the surety in returning the defendant.
  • CR-32 Motion to Revoke Bail: This document is used to request the court to revoke a defendant's bail due to violations of bail conditions. It relates to the CR-28 as both involve the surety's role in the bail process.

Dos and Don'ts

When filling out the CR-28 Alabama form, it’s important to be thorough and accurate. Here are some key dos and don'ts to keep in mind:

  • Do ensure all information is complete and legible.
  • Do double-check the case number and court details for accuracy.
  • Do provide your full name and contact information as the surety.
  • Do sign and date the application before submission.
  • Don't leave any sections blank; incomplete forms may be rejected.
  • Don't use abbreviations or shorthand that could lead to confusion.
  • Don't forget to keep a copy of the completed form for your records.

Following these guidelines can help ensure your application is processed smoothly. Take your time, and don’t hesitate to ask for assistance if needed. Your diligence will pay off in the long run.

Misconceptions

Here are 10 misconceptions about the CR-28 Alabama form:

  1. The CR-28 form is only for certain types of courts. Many believe this form is limited to circuit courts. In reality, it can be used in district and municipal courts as well.
  2. You must be a licensed bondsman to use the CR-28 form. While bondsmen commonly use it, anyone acting as a surety can apply for the Bondsman’s Process.
  3. The CR-28 form is only for criminal cases. Some think it is exclusive to criminal matters. However, it can also apply to civil cases where bail is involved.
  4. You can only surrender the defendant at the courthouse. This is not true. The form allows for the defendant to be surrendered at any location within Alabama.
  5. The CR-28 form is only necessary if the defendant has skipped bail. Many assume it is only for absconders. It can also be used proactively to ensure a defendant is taken into custody.
  6. You need a lawyer to fill out the CR-28 form. While legal advice can be helpful, it is not required to complete the form.
  7. The CR-28 form is the same as a bail bond. This is a common misunderstanding. The CR-28 is an application for a process, while a bail bond is a financial agreement.
  8. Filling out the CR-28 form guarantees the defendant's arrest. The form requests a process, but it does not ensure that the arrest will happen immediately or at all.
  9. There is no deadline for submitting the CR-28 form. In fact, there may be specific timeframes that must be followed, depending on the case.
  10. All information on the CR-28 form is confidential. While some details may be protected, the form itself is part of public court records.

Key takeaways

When filling out and using the Cr 28 Alabama form, it is essential to keep the following key takeaways in mind:

  • Correct Court Identification: Ensure that you accurately identify the court where the application is being submitted, whether it is Circuit, District, or Municipal. This is crucial for the proper processing of your request.
  • Complete Defendant Information: Clearly provide the name of the defendant. Incomplete or incorrect information may lead to delays in processing your application.
  • Surety Details: Fill in your details as the surety, including your full name and address. This information is necessary for the court to contact you regarding the application.
  • Timely Submission: Submit the form promptly to avoid any issues with the defendant’s custody status. Delays can complicate the process and may impact the defendant's situation.