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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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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears
to the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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15-13-114
Section 15-13-114 Obligation of sureties continues during trial. The obligation of the
sureties continues throughout every stage of trial, from the time the defendant is entered
thereon until the rendition of the verdict by the jury or judge. The finding of the defendant
guilty by a jury or judge discharges the sureties. The obligation of the sureties are also
discharged when the judge takes any of the following actions: (1) Sentences the defendant.
(2) Grants the prosecutor's motion to nol pros the case. (3) Dismisses the case. (4) Issuance
of any order to the defendant to attend driving-under-the-influence school, mental health
counseling, or any similar order of which the court would only have had the authority to do
so, if there had been an adjudication of guilt or in cases where there has been an adjudication
of guilt. (5) Issuance of any order of restitution. (6) Announcement or order of sentence
prior to any probation determination. (Acts 1993, No. 93-677, p. 1259, ยง15.)...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion
of the district attorney or Attorney General, for good cause shown and after notice to the
defendant, may order the taking of a videotaped deposition of an alleged victim of or witness
to the crime who is under the age of 16 at the time of the order. (b) On any motion for a
videotaped deposition of the victim or a witness, the court shall consider the age and maturity
of the child, the nature of the offense, the nature of testimony that may be expected, and
the possible effect that the testimony in person at trial may have on the victim or witness,
along with any other relevant matters that may be required by Supreme Court rule. (c) During
the taping of a videotaped deposition authorized pursuant to this section, the...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement
of action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest,
either party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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15-18-80
Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned
person; return of receipt; compensation of sheriff. (a) Whenever any person is sentenced to
death, the clerk of the court in which the sentence is pronounced shall, within 10 days after
sentence has been pronounced, issue a warrant under the seal of the court for the execution
of the sentence of death, which warrant shall recite the fact of conviction, setting forth
specifically the offense, the judgment of the court and the time fixed for his execution,
and which shall be directed to the warden of the William C. Holman unit of the prison system
at Atmore, commanding him to proceed, at the time and place named in the sentence, to carry
the same into execution, as provided in Section 15-18-82, and the clerk shall deliver
such warrant to the sheriff of the county in which such judgment of conviction was had, to
be by him delivered to the said warden, together with the condemned person as provided in...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim
files an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a)
If the taxation of costs by a probate court is excessive by charging the costs of witnesses
who were not examined, by charging costs to an improper party or by taxing costs contrary
to law, the party aggrieved may move the court for a retaxation, setting forth the particulars
in which the clerk has erred. This section shall apply to costs taxed in probate courts
in all cases and proceedings where such courts have jurisdiction, and any aggrieved party
to any case or proceeding may move the circuit court in the county where such case or proceeding
is pending for a retaxation of such costs, setting forth the particulars wherein such probate
court costs were improperly taxed. Such motion may be heard on five days' notice to the officers
or persons claiming said fees or costs, and the same shall be passed on by the judge as other
motions are heard and passed upon. From a judgment or order refusing or...
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25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure
risks. An employer subject to this chapter may secure the payment of compensation under this
chapter by insuring and keeping insured his or her liability in some insurance corporation,
association, organization, insurance association, corporation, or association formed of employers
and workers or formed by a group of employers to insure the risks under this chapter, operating
by mutual assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance
association, organization, or corporation shall have first had its contract and plan of business
approved in writing by the Commissioner of the Department of Insurance of Alabama and have
been authorized by the Department of Insurance to transact the business of workers' compensation
insurance in this state and under the plan. Notwithstanding any other provision of the law
to the contrary, the obligations of employers under law for...
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