Alabama Attorney General Opinion 1979-0171

OFFICE OF THE ATTORNEY GENERAL 79- 0 0/ 4'4 it 19 a LEELNALK DEPUTY ATTORNEY CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA APR 26 1919 WILLIAM M. BEKURS. JR . EXECUTIVE ASSISTANT AOMINI WE BUILDING 44 NORTH UNION STREET 54150 WALTER S. TURNER CHIEF ASST ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT AREA 13041. 114.1140 Sheriff James Earl Johnson Sheriff's Office Chilton County Courthouse Clanton, Alabama 35045 Sheriffs - Bail Bonds Discussion of sheriff's authority to approve bond and release defendants. Opinion by Assistant Attorney General Knight. Dear Sheriff Johnson: Reference is made to your request for an opinion from the Attorney General as to the authority of a sheriff as to bond approvals or who has authority to release inmates on bail bonds. The applicable provisions concerning the discharge of defendants arrested for misdemeanors of an aggravated nature are found at Code of Alabama 1975, Section 15-7-20 and 15-7-21. SectioR 15-7-20 states that when the offense is a misdemeanor and the arrest warrant is executed by a sheriff or his deputy, the sheriff or deputy may discharge the defendant upon suf- ficient bail. Section 15-7-21 states that when the arrest warrant for a misdemeanor offense is not executed by a sheriff or his deputy, at the defendant's request, he may be brought before a judge or magistrate of the county where the warrant was executed and such judge or magistrate may discharge the defendant upon sufficient bail. Sheriff James Earl Johnson Page 2 Code of Alabama 1975, Sections 15-13-5 and 15-13-6 deal with offenses charged in an indictment. If the offense is a misdemeanor the sheriff or deputy must discharge the defendant upon giving sufficient bail. If the offense is a felony and bail is not given in open court, the judge sets the bond and the sheriff discharges the accused when sufficient bond is given. If our office can be of further assistance, please do not hesitate to call on us. Sincerely, CHARLES A. GRADDICK Attorney General