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15-13-63
Section 15-13-63 Arrest of defendant by bail after conditional judgment. After the entry of
conditional judgment against any surety on an undertaking of bail, he may arrest the defendant
as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff
shall not exonerate the surety unless, in the judgment of the court, a good and sufficient
excuse is given for the failure of the defendant to appear at the time the conditional judgment
was entered. (Code 1896, §4372; Code 1907, §6352; Code 1923, §3385; Code 1940, T. 15, §210;
Acts 1949, No. 199, p. 230.)...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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15-4-5
Section 15-4-5 Refusal of witness to answer questions. In an inquest under this chapter, any
witness who refuses to answer any question in relation to the cause of death, except on the
ground that it may criminate himself, is guilty of a misdemeanor and must be committed to
jail by the coroner, unless he gives bail in the sum of $500.00 to appear at the circuit court
and answer such offense, and, on conviction thereof, shall be fined not less than $200.00
nor more than $500.00, and may be imprisoned not exceeding three months. (Code 1852, §816;
Code 1867, §4367; Code 1876, §3995; Code 1886, §4805; Code 1896, §4928; Code 1907, §7166;
Code 1923, §4561; Code 1940, T. 15, §80.)...
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15-6-60
Section 15-6-60 Upon conviction. The court may, on the conviction of any person for an offense
against the person or property of another and when necessary for the public good, require
the defendant to enter into an undertaking, with sufficient sureties, to keep the peace for
a period not exceeding 12 months and, on his failure to do so, may commit him. (Code 1852,
§425; Code 1867, §3974; Code 1876, §4044; Code 1886, §4698; Code 1896, §5179; Code 1907,
§7538; Code 1923, §5156; Code 1940, T. 15, §419.)...
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14-6-7
Section 14-6-7 Removal of prisoners - When made to nearest sufficient jail. If the jail of
any county is destroyed, or becomes insufficient or unsafe, or any epidemic dangerous to life
is prevalent in the vicinity or there be danger of rescue or lawless violence to any prisoner,
any circuit court judge may, on the application of the sheriff and proof of the fact, direct
the removal of any prisoner or prisoners to the nearest sufficient jail in any other county;
and it is the duty of such judge, in such case, to make an endorsement on the order or process
of commitment, stating the reason why such removal is ordered, and to date and sign such endorsement.
(Code 1852, §253; Code 1867, §3801; Code 1876, §4501; Code 1886, §4550; Code 1896, §4961;
Code 1907, §7206; Code 1923, §4816; Code 1940, T. 45, §133.)...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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15-25-32
Section 15-25-32 Out-of-court statement - Requirements for admissibility. An out-of-court statement
may be admitted as provided in Section 15-25-31, if: (1) The child testifies at the proceeding,
or testifies by means of video tape deposition as provided by Section 15-25-2, or testifies
by means of closed circuit television as is provided in Section 15-25-3, and at the time of
such testimony is subject to cross-examination about the out-of-court statements; or (2)a.
The child is found by the court to be unavailable to testify on any of these grounds: 1. The
child's death; 2. The court finds that there are reasonable grounds to believe that the defendant
or someone acting on behalf of the defendant has intentionally removed the child from the
jurisdiction of the court; 3. The child's total failure of memory; 4. The child's physical
or mental disability; 5. The child's incompetency, including the child's inability to communicate
about the offense because of fear or a similar reason; or...
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15-11-6
Section 15-11-6 Examination of complainant and witnesses. The court before whom any person
is brought charged with a public offense must examine the complainant and the witnesses for
the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the
testimony for the prosecution is heard, the witnesses for the defendant must be sworn and
examined. (Code 1852, §458; Code 1867, §4007; Code 1876, §4677; Code 1886, §4284; Code
1896, §5233; Code 1907, §7598; Code 1923, §5231; Code 1940, T. 15, §133.)...
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15-13-138
Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside forfeiture.
The court shall set aside the conditional forfeiture in its entirety for the following reasons
or under the following circumstances: (1) If the sureties can show that the defendant was
hospitalized at the time he or she was to appear in court, or if the sureties can produce
sufficient evidence that the defendant was not able to attend court for reason of illness,
by producing a doctor's certificate or letter to that effect. The hospitalization may be in
or out of the State of Alabama. For the sureties to take advantage of this provision, they
shall put the court on notice that the situation exists either prior to the issuance of the
conditional forfeiture order or within 28 days after legal service of the conditional forfeiture
on the sureties. After receiving notice, the court may continue the case to a future date
it deems proper and just for the defendant to appear. If at that time...
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