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45-12-82
Section 45-12-82 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the First Judicial
Circuit, State of Alabama, or any of his or her staff. (2) LAW ENFORCEMENT or LAW ENFORCEMENT
OFFICER. Any person who is employed by an agency or department whose purpose is to protect
people. This may include, but is not limited to, police personnel, sheriff personnel, coroner,
Department of Human Resources personnel, parole and probation personnel, community corrections
office personnel, and court referral office personnel, whether that agency or department is
in the State of Alabama or located elsewhere. (3) OFFENDER. Any person charged with a crime
as defined by this code, which was allegedly committed in the jurisdiction of the First Judicial
Circuit, State of Alabama. (4) SERIOUS PHYSICAL INJURY. As that term is defined in subdivision
(14) of Section 13A-1-2. (Act 2006-595, p. 1625, § 1.)...
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45-16-82.21
Section 45-16-82.21 Definitions. For the purposes of this subpart, the following terms shall
have the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the Twelfth Judicial
Circuit, State of Alabama, or any of his or her staff. (2) LAW ENFORCEMENT or LAW ENFORCEMENT
OFFICER. Any person who is employed by an agency or department whose purpose is to protect
people. This may include, but is not limited to, police personnel, sheriff personnel, coroner,
Department of Human Resources personnel, parole and probation personnel, community corrections
office personnel, and court referral office personnel, whether that agency or department is
in the State of Alabama or located elsewhere. (3) OFFENDER. Any person charged with a crime
as defined by this code, which was allegedly committed in the jurisdiction of the Twelfth
Judicial Circuit, State of Alabama. (4) SERIOUS PHYSICAL INJURY. As that term is defined in
Section 13A-1-2(14). (Act 2005-145, p. 249, §2.)...
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45-7-82.20
Section 45-7-82.20 Definitions. For the purposes of this subpart, the following terms shall
have the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the Second Judicial
Circuit of the State of Alabama, or any of his or her staff. (2) LAW ENFORCEMENT or LAW ENFORCEMENT
OFFICER. Any person who is employed by an agency or department whose purpose is to protect
people. This may include, but is not limited to, police personnel, sheriff personnel, the
coroner, the department of human resources personnel, parole and probation personnel, community
corrections office personnel, and court referral office personnel, whether that agency or
department is in the State of Alabama or located elsewhere. (3) OFFENDER. Any person charged
with a crime as defined by this code, which was allegedly committed in the jurisdiction of
the Second Judicial Circuit of the State of Alabama. (4) SERIOUS PHYSICAL INJURY. As that
term is defined in subdivision (14) of Section 13A-1-2. (Act 2009-460,...
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12-1-2
Section 12-1-2 Vesting of judicial power of state generally. The judicial power of the state
is vested exclusively in a unified judicial system which shall consist of a Supreme Court,
a Court of Criminal Appeals, a Court of Civil Appeals, a trial court of general jurisdiction
known as the circuit court, a trial court of limited jurisdiction known as the district court,
a probate court and such municipal courts as may be provided by law. The courts described
in this section shall have all authority provided by law and shall continue to have all authority
provided by rule. Except as otherwise provided by law, no moneys provided for under the provisions
of this title shall be expended unless duly appropriated by the Legislature of the State of
Alabama. (Code 1940, T. 13, §1; Acts 1975, No. 1205, p. 2384, §1-101.)...
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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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6-6-40
Section 6-6-40 Form. The form of attachment must be in substance as follows, but no objection
shall be taken for any defect in form if the essential matters are set forth: The State of
Alabama, ___ county To any sheriff of the State of Alabama: Whereas A. B. (or C. D., as the
agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge
of the circuit court of said state (or district court judge, or judge of the probate court
or clerk of the circuit court of said county or as the case may be), that G. H. is (or will
be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and
the plaintiff having made affidavit and given bond as required by law in such cases, you are
hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the
said debt and costs, according to the complaint, and such estate, unless replevied, so to
secure that the same may be liable to further proceedings thereon, to be had...
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15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ of arrest
may be substantially in the following form: State of Alabama, _____ County. To any sheriff
of the state: An indictment having been found against A. B., at the ______ session, 20__,
of the ______ court of _____ County, for the offense of ______ (describing the offense so
as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said
defendant and commit him to jail; and that you return this writ according to law. (signed)
C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253;
Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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15-11-15
Section 15-11-15 Court to report when person held on indictment; report when no committals.
(a) When any person is held by a district court to answer an indictment for a public offense,
it is the duty of such court to return to the district attorney immediately after the order
holding or committing such person the affidavit and warrant of arrest, with a transcript of
the docket, a list of the state's witnesses and all costs and all undertakings of bail by
parties or witnesses in the case. (b) When there has been no such committals since the last
session of the circuit court, the district court shall make a report of that fact to the district
attorney. (Code 1852, §473; Code 1867, §4022; Code 1876, §4692; Code 1886, §4298; Code
1896, §5247; Code 1907, §7615; Code 1923, §5248; Code 1940, T. 15, §151.)...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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