Alabama § 45-35-232.28 - Failure to Appear.
Full text of Alabama Code of Alabama § 45-35-232.28 — Failure to Appear., with citation guidance and answers to common questions.
§ 45-35-232.28. Failure to Appear.
(a) A person released pursuant to this subpart who willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture of any security given or pledged for release and, in addition, shall be guilty of a Class B misdemeanor, punishable as provided by the Alabama Criminal Code.
(b) Failure to appear after notice of an appearance 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 an assistant district attorney, or any other person responsible for administering this subpart, shall initiate prosecution for violation of this subsection by making an affidavit for a warrant to be issued by any officer authorized to issue warrants. The person who fails to appear shall be arrested and shall be brought before a judicial officer in the county in the same manner as other misdemeanor prosecutions proceed.
(c) A defendant may be convicted under this section, even if the defendant has not received actual notice of an appearance date, if reasonable efforts to notify the defendant have been made, and the defendant, by his or her own actions, has frustrated the receipt of actual notice.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 45-35-232.28
What does Code of Alabama § 45-35-232.28 cover?
Section 45-35-232.28 ("Failure to Appear.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 45-35-232.28?
A common citation format is "Code of Alabama § 45-35-232.28" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 45-35-232.28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.