15-12-20
Section 15-12-20 Matters to be ascertained by trial judges as to representation of defendants
prior to arraignment. In all criminal cases, including paternity cases, and civil and criminal
nonsupport cases which may result in the jailing of the defendant, in any court of this state
created by authority of the Constitution of Alabama of 1901, as amended, when a defendant
is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain
from the accused, or otherwise: (1) Whether or not the defendant has arranged to be represented
by counsel; (2) Whether or not the defendant desires the assistance of counsel; and (3) Whether
or not the defendant is able financially or otherwise to obtain the assistance of counsel
in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108;
Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act...
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45-1-82.07
Section 45-1-82.07 Cost and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this subpart may be waived or reduced due to indigency or reduced ability
to pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or fee reduction shall be made by the district attorney. A schedule of payments for any of
these fees may be established by the district attorney. (b) Except as...
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45-12-82.07
Section 45-12-82.07 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this part may be waived or reduced due to indigency or reduced ability to
pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of payments for any of these
fees may be established by the district attorney. (b) Except as herein...
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45-15-80.11
Section 45-15-80.11 Drug and violent crime reduction fee. (a) In addition to all other
fees and court costs, in all juvenile, traffic, criminal, and quasi-criminal cases in the
juvenile, district, and circuit courts in Cleburne County, a docket fee in the amount of five
dollars ($5), hereinafter referred to as a drug and violent crime reduction fee, shall be
assessed in each case. The fees, when collected, shall be distributed monthly as follows:
One dollar ($1) per case to the Cleburne County Office of the Circuit Clerk and four dollars
($4) per case to the Cleburne County Sheriff's Office. (b) The drug and violent crime reduction
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 drug and violent crime reduction fee shall be in addition to and not in lieu of any other
fees or costs. The drug and violent crime reduction fee shall not be waived or...
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45-45A-31.26
Section 45-45A-31.26 Fees. (a) An offender may be assessed a nonrefundable application
fee when the offender is approved for the pretrial diversion program. The amount of the assessment
for participating in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city council in amounts to be determined by the city
council in its sole discretion. (b) The application fees, as determined by the city council,
shall be applied to the following offenses: (1) Driving under the influence (DUI). (2) Theft
of property in the third degree. (3) Other misdemeanor offenses as determined by the city
council. (c) The application fee shall be allocated to the general...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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15-26-1
Section 15-26-1 Conduct of pre-trial proceeding by audio-video communication device.
Whenever the law requires a defendant in a criminal case to appear before any judge or magistrate
for a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at
the discretion of the court, the proceeding may be conducted by an audio-video communication
device, in which case the defendant shall not be required to be physically brought before
the judge or magistrate. The audio-video communication shall enable the judge or magistrate
to see and converse simultaneously with the defendant or other person and operate so that
the defendant and his or her counsel, if any, can communicate privately, and so that the defendant
and his or her counsel are both physically present in the same place during the audio-video
communication. The signal of the audio-video communication shall be transmitted live and shall
be secure from interception through lawful means by anyone other than the...
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45-36-80.04
Section 45-36-80.04 Additional court cost in domestic violence cases. (a) In addition
to all other costs and charges in circuit, district, and municipal court cases in Jackson
County, there shall be levied and assessed by the clerk of the court a court cost of thirty-five
dollars ($35) in the following domestic violence cases: (1) Any case in which the defendant
is assessed court costs for any of the following offenses: a. Domestic violence in the first
degree pursuant to Section 13A-6-130. b. Domestic violence in the second degree pursuant
to Section 13A-6-131. c. Domestic violence in the third degree pursuant to Section
13A-6-132. d. Domestic violence by strangulation or suffocation pursuant to Section
13A-6-138. e. Violation of a protective order pursuant to Section 13A-6-142. (2) Any
case in which the judge has issued a final order on a petition for protection from abuse pursuant
to Sections 30-5-1 to 30-5-11. (b) The clerk of the court shall collect the court costs. The
clerk of...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation
of certain ordinances; procedure; schedule of fines; additional penalty for failure to appear;
disposition of fines. (a) By ordinance, the governing body of any municipality may authorize
any law enforcement officer of a municipality or any law enforcement officer of the state,
in lieu of placing persons under custodial arrest, to issue a summons and complaint to any
person charged with violating any municipal littering ordinance; municipal ordinance which
prohibits animals from running at large, which shall include leash laws and rabies control
laws; or any Class C misdemeanor or violation not involving violence, threat of violence or
alcohol or drugs. (b) Such summons and complaint shall be on a form approved by the governing
body of the municipality and shall contain the name of the court; the name of the defendant;
a description of the offense, including the municipal ordinance number; the date and...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and
place a defendant on probation for varying periods of time, not to exceed two years. (b) The
court may require such investigations as may be deemed necessary and desirable to be made
by a probation officer or such other suitable person or persons as the court may designate
as to the circumstances of the offense and the criminal record, social history and present
condition of the defendant. (c) The court may suspend the execution of sentence and continue
the defendant under an existing bond or may require such additional bail as it deems necessary
pending the disposition of the application for probation. (d) The court shall determine and
may, at any time, modify the conditions of probation and may require the probationer to comply
with the following or any other conditions: (1) To avoid injurious or vicious habits; (2)
To avoid persons or places of disreputable or harmful character; (3) To report to...
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