(a) Whoever, having been released pursuant to this part, 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 and shall be punished as provided by law.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 6 monthsup to $3,000
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

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Terms Used In Alabama Code 45-49-235.09

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(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, shall initiate prosecution for violation of this section 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 as are other misdemeanor prosecutions.
(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.