Title 15 — Title 15

A “complaint” is an allegation made before a proper judge or magistrate that a person has been guilty of a designated public offense. History: (Code 1852, §428; Code 1867, §3977; Code 1876, §4647; Code 1886, §4255; Code 1896, §5204; Code 1907, §7584; Code 1923, §5217; Code 1940, …

(a) Upon a complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant, been committed, the judge or magistrate must examine the complainant and such witnesses as he may propose on oath, take their depositions in writing and cause them to …

When the offense described in an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance at the next term of the court having jurisdiction of …

Delivery of Warrant with Undertaking. (a) When the offense described in the warrant is a misdemeanor and it is not executed by the sheriff or his deputy, at the defendant’s request, he may be brought before a judge, or a magistrate when authorized by law to grant bail, of the cou…

When the bail is taken under the provisions of Sections 15-7-20 and 15-7-21, in fixing the amount of bail, it must be presumed that the offense is of an aggravated nature. History: (Code 1852, §442; Code 1867, §3991; Code 1876, §4661; Code 1886, §4277; Code 1896, §5226; Code 1907…

If the judge or magistrate is reasonably satisfied from such deposition that the offense complained of has been committed and that there is reasonable ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest. History: (Code 1852, §431; Code 1867, …

(a) A “warrant of arrest” is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant. (b) Such warrant must designate the name of the defendant, if known; but …