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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a)
An offender who enters into the pretrial diversion program shall satisfy each of the following
requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling of periods of limitations established by statutes or rules of court
while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide
a statement, written by the offender, admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) If there is a victim of the crime, agree in writing to a restitution agreement within
a specified period of time and in an amount to be determined by the...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a)
An offender who enters into the pretrial diversion program shall satisfy each of the following
requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling of periods of limitations established by statutes or rules of court
while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide
a statement written by the offender, admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) If there is a victim of the crime, agree in writing to a restitution agreement within
a specified period of time and in an amount to be determined by the district...
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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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45-2-80.01
Section 45-2-80.01 Assessment of docket fee in certain cases. (a) In all juvenile cases,
traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal
courts in Baldwin County in the Twenty-eighth Judicial Circuit, a docket fee, hereinafter
referred to as a solicitor's fee, shall be assessed in each case. The fees, when collected,
shall be distributed monthly to the Solicitor's Fund or District Attorney's Fund in the county
where the fee is collected or to the fund that may be hereafter prescribed by law for the
solicitor's fee. The solicitor's fee shall be in an amount equal to all docket fees or court
costs which are assessed upon an adjudication of guilt in a criminal case and distributed
to the Fair Trial Tax Fund. (b) The solicitor's fee shall be collected in all criminal cases
where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there
is issued any alias or capias warrant of arrest. The solicitor's fee shall be in...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum
standards for civil commitment; appeals from orders of probate courts as to commitment. (a)
Any civil commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties'
right to take civil action; amendment of complaint; subpoenas; refusal to allow discovery;
hearing; panel opinion and order; review. (a) If not sooner resolved, the investigator, upon
completion of his investigation, shall submit to ADECA a statement of the facts disclosed
by his investigation and recommend either that the complaint be dismissed or that a panel
of office members be designated to hear the complaint. ADECA, after review of the case file
and the statement and recommendation of the investigator, shall issue an order either of dismissal
or for a hearing, which is not subject to judicial or other further review. (b) If the order
is for dismissal, ADECA shall mail a copy of the order to the complainant and the respondent
at their last known addresses. The complainant may bring an action against the respondent
in circuit court within 90 days of the date of the dismissal or within one year...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a
quiet title action under this section to quiet title to real property held by the authority
or interests in tax delinquent property held by the authority by recording with the office
of the judge of probate in the county in which the property subject to quiet title action
is located a notice of pending quiet title action. The notice shall include the name of the
taxpayer whose interest was affected by the tax sale; the name of any other party as revealed
by a search and examination of the title to the property who may claim an interest in the
property; a legal description of the property; the street address of the property if available;
the name, address, and telephone number of the authority; a statement that the property is
subject to the quiet title proceedings under Act 2013-249; and a statement that any legal
interests in the property may be extinguished by a circuit court order vesting title to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge
of Probate of Mobile County is incompetent from any legal cause, incapacitated, absent or
will be absent from sickness, or otherwise disqualified from acting as judge, the judge of
probate or the chief clerk shall certify the fact of incompetency, incapacity, absence, sickness,
or disqualification to the presiding judge of the circuit court of the county and the presiding
judge of the circuit court, upon that certificate, shall appoint a person learned in the law,
practicing and residing in the county, to act as temporary judge of probate. At any time when
the regularly elected judge of probate of the county files a certificate in the office of
the circuit clerk of the county that he or she is no longer incompetent, from any legal cause,
incapacitated, absent, absent from sickness, or otherwise disqualified from acting as judge,
then the regularly elected judge of probate of the county shall...
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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may
be organized as a worthless check unit. Each district attorney who elects to establish the
unit shall assign sufficient staff and resources to effectively operate the unit. The worthless
check unit of the special services division of the district attorney's office shall be created
for the purpose of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After
following the requisites of Section 13A-9-13.1, any party holding a worthless negotiable
instrument may present a "complaint" to the worthless check unit of the...
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