15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery
of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses
must be issued, on the application of either the defendant or the district attorney, by the
clerk of the court in which the indictment was found, commanding such witnesses to appear
at the court to which the trial is removed, which subpoenas must be executed by the sheriff
and returned to the clerk of the latter court; and the clerk of the court to which the trial
is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313;
Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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45-45-81.70
Section 45-45-81.70 Establishment; administration; coordination. (a) The presiding circuit
judge of the Twenty-third Judicial Circuit may establish, by means of a written order, a family
court division or divisions of the judicial circuit. The presiding circuit judge shall assign
one or more of the existing circuit or district judges to preside in the family court division.
The circuit or district court judges assigned to the family court division shall handle all
cases and proceedings involving domestic relations, divorces, annulments of marriage, legal
separations, custody and support of children, granting and enforcement of alimony, proceedings
under any uniform interstate support or custody act, and all other domestic and marital matters
over which the circuit courts have jurisdiction, including nonsupport cases arising in the
circuit court under Chapter 3 and Chapter 4, Title 30, as well as other matters within the
jurisdiction of the juvenile court. In the event a district judge...
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12-17-24.1
Section 12-17-24.1 Family court divisions; implementation plan. (a) Except as provided in subsection
(c), the presiding circuit judge of any judicial circuit may establish by means of a written
order, a family court division or divisions of the judicial circuit. The presiding circuit
judge shall assign one or more of the existing circuit or district judges to preside in the
family court division. The circuit or district court judges assigned to the family court division
shall handle all cases and proceedings involving domestic relations, divorces, annulments
of marriage, legal separations, custody and support of children, granting and enforcement
of alimony, proceedings under any uniform interstate support or custody act, and all other
domestic and marital matters over which the circuit courts have jurisdiction, including non-support
cases arising in the circuit court under Chapter 3 and Chapter 4, Title 30, as well as other
matters within the jurisdiction of the juvenile court. In the...
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15-13-103
Section 15-13-103 Order and amount of bail. Admission to bail is the order of a judicial officer
of any court of the State of Alabama, or one of its subdivisions, that the defendant be discharged
from actual custody on bail. Judicial officers of all courts in the State of Alabama shall
see that every defendant arrested and in custody has an opportunity to give bail, in cases
in which the defendant is entitled to bail and in cases pending before the court, and shall
see that the amount of bail is established. The amount of bail shall be set in the amount
that the judicial officer feels, in his or her discretion, is sufficient to guarantee the
appearance of the defendant. Bail amounts shall not exceed the statutory limits otherwise
set out in the laws of this state. The amounts of bail may be set by a judicial officer in
a standard bail schedule as prescribed by the judge or pursuant to the bail schedule promulgated
by Supreme Court rule. (Acts 1993, No. 93-677, p. 1259, §4.)...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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15-21-13
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal
charge; bail without notice. If it appears from the petition for a writ of habeas corpus or
from the documents thereunto annexed that the party is imprisoned and detained on any criminal
charge or accusation, the officer issuing the writ must endorse thereon an order requiring
the applicant, or someone else for him, to give notice to the district attorney of the circuit
or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and
of the time and place at which it is returnable. If such notice is not given when the district
attorney or other person entitled to it is within 50 miles of the place of examination, the
party who is imprisoned must not be discharged. But, if the party is charged with an offense
which is bailable and he waives an examination into the facts, the judge may fix the amount
of bail, without notice to the district attorney or prosecutor, and in...
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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In all criminal
cases in the circuit court in which a capias or warrant of arrest has issued for two terms
and has been returned "not found," the district attorney may, by leave of the court,
withdraw and file the indictment, with leave to reinstate the same when the ends of justice
require such reinstatement. In all cases where a defendant is confined in one of the Alabama
state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney
may, by leave of the court, withdraw and file the indictment, with leave to reinstate the
same when the ends of justice require such reinstatement. (Code 1867, §4149; Code 1876, §4822;
Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T.
15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
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15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed
by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of
police, or other authorized law enforcement officer to the clerk of the court from which they
were issued once the defendant is returned to the custody of the court of jurisdiction with
the proper return thereon endorsed. (b) If the bondsman's process is executed, the return
shall be made within five days after service. (c) When any writ of arrest or other warrant
issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement
officer and the warrant has been executed and returned to the clerk of the court, the clerk
shall notify the surety which obtained the bondsman's process, and if the bondsman's process
has not been executed at the time of the notice, then the surety shall return the process
to the clerk of the court within five days and the surety shall endorse...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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