Ala. R. Crim. P. 3.5
As amended through October 30, 2024
An arrest warrant shall not be invalidated nor shall any person in custody thereon be discharged because of a defect in form. The arrest warrant may be amended to remedy such defect.
Ala. R. Crim. P. 3.5
Committee Comments
Rule 3.5 restates the Alabama law in that a mere defect in form, as opposed to a defect in substance, will not serve to invalidate an arrest warrant. See Wilson v. State, 99 Ala. 194, 13 So. 427 (1892). The problem remains for determination of what constitutes a defect in form rather than a defect in substance. Normally, aliases, fictitious names and descriptions are considered matters of form and may be amended if shown to be incorrect.