45-45-233.28
Section 45-45-233.28 Release pending trial; conditions; order; notice. (a) Any person in Madison County charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or her personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of his or her discretion, that such a release will not reasonably assure the appearance of the person as required. When such a determination is made, the judicial officer shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: (1) Place the person in the custody of a designated person agreeing to supervise him or her. (2) Place restrictions on the...
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45-49-235.08
Section 45-49-235.08 Release pending trial; conditions; order; notice. (a) Any person charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or her personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of his or her discretion, that such a release will not reasonably assure the required appearance of such person. When such a determination is made, the judicial officer, either in lieu of, or in addition to, the above method of release, shall impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: (1) Place the person in the custody of a designated person who agrees to supervise him or her. (2) Place restrictions on the travel,...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial role in determining indigency. The trial judge shall determine, in accordance with the policies and procedures established by the Office of Indigent Defense Services, if a person in his or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from the trial court to the state appellate court, the trial judge who presided over the proceedings on appeal shall determine if the appellant is an indigent defendant in accordance with the policies and procedures established by the Office of Indigent Defense Services. If an indigency determination is necessary in any proceeding initiated originally in a state appellate court , the presiding judge or chief justice of the appellate court shall determine if the appellant or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining indigency, the judge shall recognize ability to pay as a variable...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds: (1) Irregularity in the proceedings of the court, jury or state or any order of court or abuse of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is contrary to law; (5) Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial; and (6) Error of law occurring at the trial properly preserved by the party making the application. (b) The court, in granting new trials, may allow the same at the costs of the party applying therefor or in the costs abiding the event of the case, or a portion of the costs, as the...
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25-1-29
Section 25-1-29 Remedies. Any person aggrieved may elect to pursue their remedies under Title VII of the Civil Rights Act of 1964 as amended, and the Age Discrimination in Employment Act 29 U.S.C. Section 621 or in the alternative bring a civil action in the circuit court of the county in which the person was or is employed for such legal or equitable relief as will effectuate the purposes of this article. However, if an action is brought in the federal court, any action pending in the state court shall be simultaneously dismissed with prejudice. Further, any party bringing action under this section shall only be entitled to one recovery of damages. Any damages assessed in one court will offset any entitlement to damages in any other state or federal court. In any action, a person shall be entitled to a trial by jury of any issue of fact in any action for recovery of amounts owed as a result of a violation of this article, regardless of whether equitable relief is sought by any party...
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36-11-13
Section 36-11-13 Proceedings in circuit court - Issuance and service of order to appear and answer information, summons and copy of information; setting of trial date and granting of continuances generally. If such information is filed in the circuit court, the judge of such court shall make an order requiring the officer proceeded against to appear at a place and on a day to be specified in the order and answer the information. The clerk of the court shall issue a summons, in which shall be set forth a copy of the order, directed to any sheriff of the state of Alabama, and which, together with a copy of the information, shall be served on such defendant. Another day may be set and other summons issued as often as may be necessary, and continuances may be granted in the discretion of the court. (Code 1876, §4055; Code 1886, §4827; Code 1896, §4873; Code 1907, §7108; Code 1923, §4506; Code 1940, T. 41, §187.)...
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45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with an offense, at an appearance before a judicial officer, may be ordered released pending a trial on personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of discretion, that release will not reasonably assure the appearance of the person as required. (b) No person in Houston County charged with an offense shall be considered for the program created by this subpart until the accused's first appearance before a judicial officer. (c) In determining which conditions of release will reasonably assure the appearance of a person as required, the judicial officer, on the basis of available information as presented by the state, city, or their representative, respectively, or the defendant, shall consider matters such as the nature and circumstances of the offense charged, the...
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45-36-232.28
Section 45-36-232.28 Release pending trial; conditions; order; notice. (a) Any person in Jackson County charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or her personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of his or her discretion, that such a release will not reasonably assure the appearance of the person as required. When such a determination is made, the judicial officer, either in lieu of or in addition to the above methods of release, shall impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: (1) Place the person in the custody of a designated person agreeing to supervise him or her. (2) Place restrictions on the...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon the application of either party in a proceeding under Section 6-6-540, a trial by jury shall be directed to determine the issues or any specified issue of fact presented by the pleadings, and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof; and when a trial by jury is not requested, or as to the facts for which the same is not requested, the court shall consider and determine any title, claim, interest, or encumbrance. The court shall, upon the finding of the jury or upon such consideration and determination, finally adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such lands, or any part thereof, what such right, title, interest, or encumbrance is and in or upon what part of the lands the same exists; and such judgment is binding and conclusive upon all the parties to the action. (Code 1896, §812; Code 1907,...
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12-13-9
Section 12-13-9 Powers of probate court as to punishment for contempt. (a) The probate court may issue show cause orders and attachment for contempts offered to the court or its process by any executor, administrator, guardian, or other person and may punish the person by a fine not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both. (b) In all cases or other proceedings in the probate court of a county where the judge of probate is a licensed attorney in this state, the judge of probate shall have the same power to punish for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30 or other law or as provided by the common law of this state. (Code 1852, §671; Code 1867, §791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923, §9580; Code 1940, T. 13, §279; Act 2017-388, §1.)...
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