Code of Alabama

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16-46-6
Section 16-46-6 Permit for solicitation of students. (a) No person representing any private
postsecondary institution or other individual or organization offering courses in this state,
or from a place of business in this state, whether located within or outside this state, shall
sell any course or solicit students therefor in this state for a consideration or remuneration
unless a permit is first secured from the Department of Postsecondary Education, with the
exception of agents representing schools exempted under Section 16-46-3. If the agent represents
more than one school not exempted under Section 16-46-3, a separate permit shall be obtained
for each school represented. The application for a permit shall be made on forms to be furnished
by the Department of Postsecondary Education and shall be renewed every two years. (b) Upon
satisfactory review of an agent, the Department of Postsecondary Education shall issue a pocket
card displaying the signature of the person, facial photo,...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court shall
have exclusive original trial jurisdiction over prosecutions of all offenses defined by law
or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been
returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction
concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined
by law as felonies not punishable by sentence of death. (2) The district court shall have
jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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13A-2-3
Section 13A-2-3 Requirements for criminal liability in general and for offenses of strict liability
and of mental culpability. The minimum requirement for criminal liability is the performance
by a person of conduct which includes a voluntary act or the omission to perform an act which
he is physically capable of performing. If that conduct is all that is required for commission
of a particular offense, or if an offense or some material element thereof does not require
a culpable mental state on the part of the actor, the offense is one of "strict liability."
If a culpable mental state on the part of the actor is required with respect to any material
element of an offense, the offense is one of "mental culpability." (Acts 1977, No.
607, p. 812, §310.)...
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15-13-21
Section 15-13-21 Form and requisites of bail not taken in open court. When not taken in open
court, the undertaking of bail must be in writing, signed by the defendant and at least two
sufficient sureties and approved by the court or officer taking the same, and may be substantially
in the following form: The State of ) We, A. B., C. D., and E. F. agree to pay to the State
of Alabama) Alabama ______ dollars (the sum prescribed by the court _____ County) or officer)
unless the said A. B.appears at the next session of the ____ court of ____ County, and from
session to session thereafter until discharged by law, to answer a criminal prosecution for
the offense of _____ (specifying the particular offense with which he is charged.) (Signed)
A.B. C.D. E.F. (Code 1852, §688; Code 1867, §4239; Code 1876, §4847; Code 1886, §4420;
Code 1896, §4362; Code 1907, §6342; Code 1923, §3375; Code 1940, T. 15, §200; Acts 1949,
No. 199, p. 230.)...
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15-14-52
Section 15-14-52 Definitions. Unless the context clearly requires otherwise or unless different
meanings are expressly specified in subsequent provisions of this article, wherever used in
this article, the following terms, whether used in the singular or plural shall be given the
following respective interpretations: (1) PERSON. A human being, a public or private corporation,
an unincorporated association, a partnership, or other entity established by law, and/or a
government or a governmental instrumentality, including, but not limited to, the State of
Alabama or any political subdivision thereof. (2) CRIMINAL OFFENSE. Conduct which is alleged
in any summons, complaint, warrant of arrest, information, presentment, or indictment and
for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided
by any law of this state or by any law, local law, or ordinance of a political subdivision
of this state. (3) VICTIM. A person who is a victim of the defendant's...
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15-5-55
Section 15-5-55 Wireless communications service provider to provide location information in
certain emergency situations. (a) This section shall be known and cited as the Kelsey Smith
Act. (b) Upon request of a law enforcement officer as defined in Rule 1.4 of the Alabama Rules
of Criminal Procedure, who is on duty and acting in the course of his or her official duties
at the time of the request, a wireless communications service provider shall provide call
location information concerning the telecommunications device of a user to the requesting
law enforcement officer as soon as practicable after receipt of the request and after a showing
that an emergency situation exists at the time of the request by the law enforcement officer.
(c) A law enforcement officer shall not request information pursuant to this section unless
the request is made for the specific purpose of responding to a call for emergency services
or in an emergency situation that involves the risk or threat of death or...
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28-4-314
Section 28-4-314 District attorneys to institute prosecutions for or make reports to grand
juries as to violations of prohibition laws. Any district attorney in the county whose duty
it is to prosecute criminal cases on behalf of the state shall not be prohibited from commencing
prosecution on his own affidavit against any party violating any provision of any law of the
State of Alabama for the suppression of the evils of intemperance, and every such district
attorney, upon receiving information giving him probable cause to believe that there has been
a violation of any statute upon the subject named, shall proceed to lay the matter before
the grand jury or to institute a criminal prosecution against said party by affidavit before
a court or judge of competent jurisdiction, if he is willing and able to make such affidavit
for the institution of a criminal prosecution. If he is not, he must superintend the preparation
of the papers and the institution of the prosecution if any citizen...
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