(a) A person who has been conditionally released pursuant to this part and as to whom there is probable cause to believe has committed a felony or misdemeanor while released, shall be subject to the revocation of his or her release.

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Terms Used In Alabama Code 45-49-235.11

  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) Proceedings for revocation of release for the grounds stated in this section, may be initiated by any person responsible for administering this part after notice to the district attorney. After the district attorney has received such notice, a warrant for the arrest of a person who is charged with violating the conditions of release under this section, may be issued by any officer authorized to issue warrants upon the affidavit of the district attorney or any assistant district attorney, or upon the affidavit of any person responsible for administering this part. The person arrested under such warrant shall be brought before a judicial officer. No order of revocation shall be entered unless, after a hearing, the judicial officer finds by clear and convincing evidence that:

(1) a state or federal magistrate, judge or judicial officer, or grand jury has found probable cause to believe that the person has committed a felony or misdemeanor; and
(2) such felony or misdemeanor was committed while the person was released under this part on the prior charge.