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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered
into information systems; civil review. (a)(1) Upon any finding that a defendant is insane,
mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter
16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward
the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered
in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency
in the manner as the Alabama Justice Information Center Commission shall provide. (2) The
Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the
National Instant Criminal Background Check System (NICS) and the information shall be entered
into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section
shall only be used for purposes of determining eligibility to...
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38-9F-7
Section 38-9F-7 Hearing; temporary ex parte protection orders. (a) The court shall hold a hearing
after the filing of a petition under this chapter upon the request of the defendant or within
10 days of the perfection of service. A final hearing shall be set at which the standard of
proof shall be a preponderance of the evidence. If the defendant has not been served, a final
hearing may be continued to allow for service to be perfected. (b) The court may enter such
temporary ex parte protection orders as it deems necessary to protect the plaintiff from abuse.
The court shall grant or deny a petition for a temporary ex parte protection order filed under
this chapter within three business days of the filing of the petition. Any granted temporary
ex parte protection order shall be effective until the final hearing date. (c) If a final
hearing under subsection (a) is continued, the court may make or extend temporary ex parte
protection orders under subsection (b) as it deems reasonably...
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45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with
an offense, at an appearance before a judicial officer, may be ordered released pending a
trial on personal recognizance or upon the execution of an unsecured appearance bond in an
amount specified by the judicial officer, unless the judicial officer determines, in the exercise
of discretion, that release will not reasonably assure the appearance of the person as required.
(b) No person in Houston County charged with an offense shall be considered for the program
created by this subpart until the accused's first appearance before a judicial officer. (c)
In determining which conditions of release will reasonably assure the appearance of a person
as required, the judicial officer, on the basis of available information as presented by the
state, city, or their representative, respectively, or the defendant, shall consider matters
such as the nature and circumstances of the offense charged, the...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or order
issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per
violation and shall be adjudged in contempt. For the purpose of this section, any circuit
court issuing an injunction or order under this chapter shall retain jurisdiction, and in
such cases the Attorney General or the district attorney acting in the name of the state may
petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in
or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall
forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the
Attorney General or a district attorney acting in the name of the state to the circuit court
for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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12-26-10
Section 12-26-10 Determination that petition filed under false pretenses, etc.; voiding of
order; revocation of order. (a) If a court makes a preliminary determination that a petition
for an order of limited relief was filed under false pretenses or supported by false evidence,
the court shall notify the petitioner, and the petitioner shall have 30 days to file a response
to the court's determination. After 30 days or the filing of the response, whether or not
the petitioner was able to be located, the court may order a hearing or enter an order revoking
the order. (b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited
relief. (c) When an order is issued while the petitioner is on probation for the related offense,
the court may revoke the order upon a finding that the petitioner has violated the terms or
conditions of probation. (Act 2019-464, §10.)...
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13A-5-44
Section 13A-5-44 Jury selection and separation; waiver by defendant of jury participation in
sentence hearing. (a) The selection of the jury for the trial of a capital case shall include
the selection of at least two alternate jurors chosen according to procedures specified by
law or court rule. (b) The separation of the jury during the pendency of the trial of a capital
case shall be governed by applicable law or court rule. (c) Notwithstanding any other provision
of law, the defendant with the consent of the state and with the approval of the court may
waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided,
however, before any such waiver is valid, it must affirmatively appear in the record that
the defendant himself has freely waived his right to the participation of a jury in the sentence
proceeding, after having been expressly informed of such right. (Acts 1981, No. 81-178, p.
203, §6.)...
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15-16-41
Section 15-16-41 Determination of necessity for hearing as to involuntary commitment of defendant
found not guilty by reason of insanity; subsequent proceedings. If a defendant in a criminal
case is found not guilty by reason of insanity, the court shall forthwith determine whether
the defendant should be held for a hearing on the issue of his involuntary commitment to the
Alabama State Department of Mental Health. If the court determines that there is probable
cause to believe that the defendant is mentally ill and as a consequence of such mental illness
poses a real and present threat of substantial harm to himself or to others, the court shall
order the defendant into the custody of the sheriff until a hearing can be held to determine
whether the defendant shall be involuntarily committed. If the court does not make such a
determination, then the defendant shall be forthwith released from custody. (Acts 1981, No.
81-708, p. 1189, §1.)...
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