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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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13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical
force upon another person in order to defend himself or herself or a third person from what
he or she reasonably believes to be the use or imminent use of unlawful physical force by
that other person, and he or she may use a degree of force which he or she reasonably believes
to be necessary for the purpose. A person may use deadly physical force, and is legally presumed
to be justified in using deadly physical force in self-defense or the defense of another person
pursuant to subdivision (5), if the person reasonably believes that another person is: (1)
Using or about to use unlawful deadly physical force. (2) Using or about to use physical force
against an occupant of a dwelling while committing or attempting to commit a burglary of such
dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first
or second degree, burglary in any degree, robbery in any...
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40-29-33
Section 40-29-33 Application of proceeds of levy. (a) Collection of liability. Any money realized
by proceedings under this article (whether by seizure, by surrender under Section 40-29-24,
except pursuant to subsection (b)(2) thereof, or by sale of seized property) or by sale of
property redeemed by the State of Alabama (if the interest of the State of Alabama in such
property was a lien arising under the provisions of this title) shall be applied as follows:
(1) EXPENSE OF LEVY AND SALE. First, against the expenses of the proceedings; (2) SPECIFIC
TAX LIABILITY ON SEIZED PROPERTY. If the property seized and sold is subject to a tax imposed
under this title which has not been paid, the amount remaining after applying subdivision
(1) shall then be applied against such tax liability, including any penalty and interest,
(and, if such tax was not previously assessed, it shall then be assessed); (3) LIABILITY OF
DELINQUENT TAXPAYER. The amount, if any, remaining after applying subdivisions...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-33.htm - 1K - Match Info - Similar pages
45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have the following
meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs, or physical
structure which shall provide the programs or custodial care for eligible persons released
from custody prior to the adjudication of their case or sentenced to participate in programs
developed pursuant to this part after having been adjudicated and sentenced. (2) BALDWIN COUNTY
COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised by either the
Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin County Pretrial
Release and Community Corrections Board for the deposit of all funds, from whatever source,
collected for the operation and supervision of the programs developed and operated pursuant
to this part. The agency superintending the Baldwin County Community Corrections Center shall
supervise and manage this account. Funds deposited into this...
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11-40-33
Section 11-40-33 Costs of demolition. Upon demolition of the building or structure, the appropriate
municipal official shall make a report to the governing body of the cost thereof, and the
governing body shall adopt a resolution fixing the costs which it finds were reasonably incurred
in the demolition and assessing the costs against the property. The proceeds of any moneys
received from the sale of salvaged materials from the building or structure shall be used
or applied against the cost of demolition. Any person, firm, or corporation having an interest
in the property may be heard at the meeting as to any objection to the fixing of the costs
or the amounts thereof. The municipal clerk of the municipality shall give notice of the meeting
at which the fixing of the costs is to be considered by first-class mail to all entities having
an interest in the property whose address and interest is determined from the tax collector's
or revenue commissioner's records on the property or is...
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11-53B-5
Section 11-53B-5 Fixing of costs. Upon demolition or repair of the building or structure, the
appropriate city official shall make a report to the governing body of the cost thereof, and
the governing body shall adopt a resolution fixing the costs which it finds were reasonably
incurred in the demolition or repair and assessing the same against the property; provided,
however, the proceeds of any moneys received from the sale of salvaged materials from the
building or structure shall be used or applied against the cost of the demolition; and provided
further, that any person, firm, or corporation having an interest in the property may be heard
at the meeting as to any objection he or she may have to the fixing of such costs or the amounts
thereof. The clerk of the municipality shall give notice of the meeting at which the fixing
of the costs is to be considered by first-class mail to all entities having an interest in
the property whose address and interest is determined from the tax...
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13A-7-42
Section 13A-7-42 Arson in the second degree. (a) A person commits the crime of arson in the
second degree if he intentionally damages a building by starting or maintaining a fire or
causing an explosion. (b) A person does not commit a crime under subsection (a) if: (1) No
person other than himself has a possessory or proprietary interest in the building damaged;
or if other persons have those interests, all of them consented to his conduct; and (2) His
sole intent was to destroy or damage the building for a lawful and proper purpose. (c) The
burden of injecting the issue of justification in subsection (b) is on the defendant, but
this does not shift the burden of proof. (d) A person commits the crime of arson in the second
degree if he intentionally starts or maintains a fire or causes an explosion which damages
property in a detention facility or a penal facility, as defined in Section 13A-10-30, with
reckless disregard (because of the nature or extent of the damage caused or which...
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11-53A-25
Section 11-53A-25 Fixing costs of demolition; city to obtain lien. Upon demolition of the building
or structure, the appropriate city official shall make a report of the governing body of the
costs thereof, and the governing body shall adopt a resolution fixing the costs which it finds
were reasonably incurred in the demolition and assessing the same against the property. The
proceeds received from the sale of salvaged materials from the building or structure shall
be used or applied against the cost of demolition. Any person, firm, or corporation having
an interest in the property may be heard at the meeting as to any objection he or she may
have to the fixing of the cost or the amounts thereof. The city clerk shall give not less
than five days' notice of the meeting at which the fixing of the costs are to be considered,
by first-class mail to the last known address of the owner. The fixing of the costs by the
governing body shall constitute a special assessment against the lot or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-53A-25.htm - 2K - Match Info - Similar pages
15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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