13A-5-51
Section 13A-5-51 Mitigating circumstances - Generally. Mitigating circumstances shall include,
but not be limited to. the following: (1) The defendant has no significant history of prior
criminal activity; (2) The capital offense was committed while the defendant was under the
influence of extreme mental or emotional disturbance; (3) The victim was a participant in
the defendant's conduct or consented to it; (4) The defendant was an accomplice in the capital
offense committed by another person and his participation was relatively minor; (5) The defendant
acted under extreme duress or under the substantial domination of another person; (6) The
capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct
to the requirements of law was substantially impaired; and (7) The age of the defendant at
the time of the crime. (Acts 1981, No. 81-178, §13.)...
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15-24-2
Section 15-24-2 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) COURT. The court having jurisdiction
over the offense charged. (2) DEFENDANT. Any person accused of a criminal offense against
state laws. (3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general
intellectual functioning resulting in or associated with concurrent impairments in adaptive
behavior and manifested during the developmental period, as measured by appropriate standardized
testing instruments. (Acts 1985, No. 85-652, p. 1020, §2.)...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement 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. 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...
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13A-12-291
Section 13A-12-291 Specific crimes warranting suspension of driver's license. (a) A driver's
license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication
of, or a finding of delinquency based on, the following crimes: (1) Criminal solicitation
to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful
possession with intent to distribute a controlled substance under subsections (c) and (d)
of Section 13A-12-211. (2) Attempt to commit the crime of trafficking in specified substances
under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance
under subsections (c) and (d) of Section 13A-12-211. (3) Criminal conspiracy to commit the
crime of trafficking in specified substances under Section 13A-12-231. (4) Trafficking in
specified substances under Section 13A-12-231. (5) Unlawful possession with intent to distribute
a controlled substance under subsections (c) and (d) of Section...
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15-14-53
Section 15-14-53 Right of victim to be present in courtroom. The victim of a criminal offense
shall be entitled to be present in any court exercising any jurisdiction over such offense
and therein to be seated at the counsel table of any prosecutor prosecuting such offense or
other attorney representing the government or other persons in whose name such prosecution
is brought. (Acts 1983, No. 83-622, p. 971, §4.)...
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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
municipality as a condition precedent to participating in a pretrial diversion program. (2)
CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the city
attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT OFFICER.
As defined in Section 36-25-1(15), whether employed in the this state or elsewhere. (5) MUNICIPALITY.
A municipality in Geneva County that has a municipal court, city attorney, and police department.
(6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any
misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly
committed in the corporate limits or police jurisdiction of the municipality. (7) PRETRIAL
DIVERSION PROGRAM or PROGRAM. A program that allows the...
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45-35A-56
Section 45-35A-56 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
City of Dothan as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the City of Dothan or any legal staff employed by
the city attorney. (3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1.
(4) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed
in this state or elsewhere. (5) OFFENDER. Any person charged with a criminal offense including,
but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing
law, which was allegedly committed within the corporate limits or police jurisdiction of the
City of Dothan. (6) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the imposition
by the city or by a designated agency of certain conditions of behavior...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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13A-10-132
Section 13A-10-132 Crimes in connection with sham legal process, etc. (a) For the purposes
of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT
OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued, or
rendered in accordance with the applicable statutes, rules, regulations, and ordinances of
the United States, a state, an agency, or a political subdivision of a state. (3) SHAM LEGAL
PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or
other use of an instrument that is not lawfully issued, whether or not the instrument is produced
for inspection or actually exists, which purports to be any one of the following: a. A summons,
subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this
state, a peace officer, or a legislative, executive, or administrative agency established
by state law. b. An assertion of jurisdiction or authority over or...
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13A-4-1
Section 13A-4-1 Criminal solicitation. (a) A person is guilty of criminal solicitation if,
with the intent that another person engage in conduct constituting a crime, he solicits, requests,
commands or importunes such other person to engage in such conduct. A person may not be convicted
of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited,
and there must be proof of circumstances corroborating both the solicitation and the defendant's
intent. (b) A person is not liable under this section if, under circumstances manifesting
a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited
of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities
or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.
The burden of injecting this issue is on the defendant, but this does not shift the burden
of proof. (c) A person is not liable under...
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