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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-21-283
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal
proceedings, etc., within state; fees and allowances; effect of failure of summoned witness
to attend and testify. (a) If a person in any state which, by its laws, has made provision
for commanding persons within its borders to attend and testify in criminal proceedings or
grand jury investigations commenced or about to be commenced in this state is a material witness
in a criminal proceeding pending in a court of record in this state or in a grand jury investigation
which has commenced or is about to commence, a judge of such court may issue a certificate
under the seal of the court stating these facts and specifying the number of days the witness
will be required. Said certificate may include a recommendation that the witness be taken
into immediate custody and delivered to an officer of this state to assure his attendance
in this state. This certificate shall be presented to a judge of a...
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15-21-14
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable. (a) At
the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the
officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff
or constable of the state, commanding him to have the body of the person who is imprisoned
or restrained produced before the officer before whom the writ is returnable at the time and
place at which it is returnable. (b) Such precept must be executed by any sheriff or constable
into whose hands it may come according to its mandate. (c) If the party is brought before
the court or judge by virtue of a precept issued under the provisions of this section, the
case must be heard and determined as if he had been produced in return to the writ. (Code
1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771,
4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923,...
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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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35-3-21
Section 35-3-21 Order for survey on motion of party - Filing; notice to show cause; continuance.
(a) Any party to such action may file a motion therein stating the reasons why such a survey
should be made and praying that the court appoint a competent surveyor or surveyors to make
such survey; and, upon presenting said motion to the judge of the court he shall enter an
order fixing a day on which the same shall be heard and directing the other parties to said
action to show cause, if any, why such survey should not be made as prayed in said motion.
(b) The notice to show cause why such survey should not be made shall be given by the service
of a copy of the order of the court, relative thereto when made by the court without application
of a party to said action, or, when based on a motion by a party to said action, then by service
of a copy of such motion and the order of the court on said motion on the party or his attorney
of record as directed by the court in its order. Such notice...
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37-1-104
Section 37-1-104 Power of circuit court to compel compliance with commission orders, etc. In
case of failure or refusal on the part of any person to comply with any valid order of the
commission or of any commissioner, or any subpoena, or on the refusal of any witness to testify
or answer as to any matter regarding which he may be lawfully interrogated, any circuit court
in this state, or any judge thereof, on application of a commissioner, may issue an attachment
for such person and compel him to comply with such order, or to attend before the commission
and produce such documents and give his testimony upon such matters as may be lawfully required,
and the court or judge shall have power to punish for contempt as in cases of disobedience
of a like order or subpoena issued by or from such court, or a refusal to testify therein.
(Acts 1920, No. 37, p. 38; Code 1923, §9801; Code 1940, T. 48, §78.)...
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45-20-81
Section 45-20-81 Law library. In Covington County, in each civil or quasi-civil action at law,
suit in equity, criminal, or quasi-criminal case or any other proceeding filed in, arising
in, or brought by appeal, certiorari, or otherwise in the circuit court, inferior court, or
other court in the county, including municipal courts, there shall be taxed as part of the
costs the sum of three dollars ($3). The fees taxed under this section shall be collected
as other costs in such cases are collected; and when collected by the clerk or other collecting
officers of such courts, including the register of the circuit court, shall be paid to the
treasurer or depository as herein set forth. The sums so paid over to the county treasury
or depository shall be maintained in a separate account in the county treasury or depository
designated as the county law library fund. The funds shall be expended by the judges of the
circuit court of the county for establishing, maintaining, equipping, and...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and
contents used in conducting the nuisance not already released under authority of the court
as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the
sale of such thereof as belonged to the defendants notified or appearing in the manner provided
for the sale of chattels under execution. (b) Such order shall also require the renewal for
one year of any bond furnished by the owner of the real property as provided in Section 6-5-148
or, if not so furnished, shall continue for one year any closing order issued at the time
of granting the preliminary injunction or, if no such closing order was then...
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12-17-226.6
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the
investigating law enforcement agency incurred extraordinary investigative expenses, agree
in writing to a specific restitution agreement to be paid within a specified period of time
and in an amount to be determined by the district attorney. (5) Agree in writing to the jurisdiction
of the court beyond completion of any disposition of the case, end of sentence, or conclusion
of the pretrial diversion program to enforce collection of restitution,...
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