Alabama Code 15-21-2. Persons entitled to prosecute writ – Persons confined for failure to enter into undertaking to keep the peace
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Terms Used In Alabama Code 15-21-2
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Any person confined in jail for failing to enter into an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this chapter; but such writ can be heard only by a judge of the circuit court, who may discharge the applicant, remand him to jail or reduce the amount of the undertaking as may seem right. If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon the entering into the undertaking in the sum fixed by such judge.