§ 8.8. Appeals.

(a)

All appeals from judgments of the municipal court shall be to the circuit court of the county in which the violation occurred for trial de novo.

(b)

The city may appeal within sixty (60) days without bond from a judgment of the municipal court holding a city ordinance invalid.

(c)

A defendant may appeal in any case within fourteen (14) days from the entry of judgment by filing notice of appeal and giving bond with or without surety approved by the court or the clerk in an amount not more than five hundred dollars ($500.00) and costs, as fixed by the court, conditioned upon defendant's appearance before the circuit court. The municipal court may waive appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to provide a surety bond. If an appeal bond is waived, a defendant sentenced to imprisonment shall not be released from custody, but may obtain release at any time by filing a bond approved by the municipal court. If the defendant is not released, the prosecutor shall notify the circuit clerk and the case shall be set for trial at the earliest practicable time.

(d)

When an appeal has been taken, the city shall file the notice and other documents in the court to which the appeal is taken within fifteen (15) days, failing which the city shall be deemed to have abandoned the prosecution, the defendant shall stand discharged and the bond shall be automatically terminated.

(e)

Upon trial or plea of guilty in the circuit court on appeal, the court may impose any penalty or sentence which the municipal court might have imposed.

(f)

Upon failure of an appellant to appear in the circuit court when the case is called for trial, unless good cause for such default is shown, the court shall dismiss the appeal and upon the expiration of thirty (30) days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of such court may enter judgment of default on the appeal bond by utilizing the procedures set forth in Section 15-13-81, Code of Alabama 1975. The circuit court may on motion of the defendant made within thirty (30) days of the order of dismissal, set aside the dismissal and other orders and reinstate the appeal on such terms as the court may prescribe for good cause shown by defendant.

(g)

Upon receipt of notice of dismissal of an appeal, the municipal court may issue a warrant for arrest of the defendant, who may also be arrested without a warrant as an escapee. Upon arrest the defendant shall be delivered to the city authorities and punished in accordance with the judgment of the municipal court.

(h)

If a judgment is entered against a defendant upon appeal, the circuit court shall remand the defendant to the municipal authorities for punishment in accordance with the judgment of the circuit court, unless, when the judgment is confessed therefor in favor of the city with sureties or as otherwise provided for convictions under state law.

(i)

Upon receipt of payment of fines, forfeitures and costs upon appeals, the clerk of the circuit court shall within thirty (30) days pay ninety (90) per cent of such fines and forfeitures and ten (10) per cent of the costs to the director of finance of the city. The circuit clerk shall be liable on his bond for such fines and costs plus a penalty of five (5) per cent per month for default in such payments.

(j)

From the judgment of the circuit court, the city, in a case holding invalid an ordinance or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the city, it shall not be required to give surety for the cost of the appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellate court, and failing to give bail he must be committed to the municipal jail; but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant and bail is given pending the appeal, and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the city authorities within fifteen (15) days from the date of such affirmance or dismissal, and if he shall fail to do so, the clerk of the circuit court from which the appeal is taken, upon motion of the municipality, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the clerk to the sheriff. Upon arrest the defendant shall be delivered to the city authorities and the sentence must without delay be carried out as if no appeal has been taken. If bail is forfeited as herein provided, a conditional judgment must be rendered by the court in favor of the city and the same proceedings had thereon for the city as is authorized by law to be had in the name of the state in state cases.

(Ord. No. 77-O-55, § 8)

State law reference

Similar provisions, §§ 12-14-70, 12-14-71.