12-19-174
Section 12-19-174 Distribution of docket fees - Felony cases in circuit court. (a) The
following distribution shall be made of docket fees for felony cases in circuit court: (1)
Ten dollars ($10) to the Peace Officers' Annuity Fund. (2) Sixteen dollars ($16) to the Fair
Trial Tax Fund. (3) One hundred four dollars ($104) to the State General Fund. (4) Five dollars
($5) to the county general fund. (5) An arrest fee of five dollars ($5) to the State General
Fund or to the state funds prescribed by law; except, that in cases initiated by county law
enforcement officers, the arrest fee shall be distributed to the county general fund. (6)
Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed by law for district
attorney fees. (7) Ten dollars ($10) to the Peace Officers' Standards and Training Fund. (8)
Five dollars ($5) to the Advanced Technology and Data Exchange Fund. (b) The additional five
dollars ($5) assessed and collected in felony cases effective October 1,...
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12-19-176
Section 12-19-176 Distribution of docket fees - Felony guilty pleas in district court.
(a) The following distribution shall be made of docket fees for felony guilty plea cases in
district court: (1) Ten dollars ($10) to the Police Officers' Annuity Fund. (2) Sixteen dollars
($16) to the Fair Trial Tax Fund. (3) One hundred four dollars ($104) to the State General
Fund. (4) Five dollars ($5) to the county general fund. (5) An arrest fee of five dollars
($5) to the State General Fund or the state funds prescribed by law; except, that in cases
initiated by county law enforcement officers, the arrest fee shall be distributed to the county
general fund. (6) Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed
by law for district attorney fees. (7) Ten dollars ($10) to the Peace Officers' Standards
and Training Fund. (8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in felony guilty...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence
unnecessary. (a) Any person charged with an indictable offense may have his trial removed
to another county, on making application to the court, setting forth specifically the reasons
why he cannot have a fair and impartial trial in the county in which the indictment is found.
The application must be sworn to by him and must be made as early as practicable before the
trial, or it may be made after conviction upon a new trial being granted. (b) The refusal
of such application may, after final judgment, be reviewed and revised on appeal, and the
Supreme Court or Court of Criminal Appeals shall reverse and remand or enter such judgment
on the application as it may deem right without any presumption in favor of the judgment or
ruling of the lower court on such application. (c) If the defendant is in confinement, the
application may be heard and determined without the personal presence of the defendant in...

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17-17-1
Section 17-17-1 Arrest of electors attending, going to, or returning from elections.
An elector must not be arrested during attendance at elections, or while going to or returning
therefrom, except for treason, felony, or breach of the peace or for a violation on that day
of any of the provisions of the election law. For such breach of the peace the sheriff or
the sheriff's deputy may arrest without process and commit to jail until the offender shall
give bond with good and sufficient sureties, to be approved by the sheriff, for appearance
at the next session of the circuit court to answer any indictment which may be found against
the offender. (Code 1876, §282; Code 1886, §378; Code 1896, §1634; Code 1907, §298; Code
1923, §369; Code 1940, T. 17, §20; §17-1-6; amended and renumbered by Act 2006-570, p.
1331, §85.)...
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33-5-34
Section 33-5-34 Fees of arresting officer. When an arrest for violation of the provisions
of this article or regulations promulgated thereunder is made by a salaried officer not employed
by the Department of Conservation and Natural Resources and the defendant is convicted, there
shall be taxed as cost the same fee as a sheriff in this state is entitled to for similar
services and if collected from the defendant it shall be immediately remitted by the trial
court directly to the treasurer of the county in which the offense occurred. When an arrest
for violation of the provisions of this article or regulations promulgated thereunder is made
by a salaried officer of the Department of Conservation and Natural Resources and the defendant
is convicted, there shall be taxed as cost the same fee as a sheriff in this state is entitled
to for similar services and if collected from the defendant it shall be immediately remitted
by the trial court directly to the Department of Conservation and...
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12-19-171
Section 12-19-171 Schedule and distribution of fees - Juvenile and criminal cases in
district and circuit courts. (a) The following docket fees shall be collected for juvenile
and criminal cases in the district court and the circuit court: (1) District Court: a. Traffic
infraction $92.00 b. Issuance of alias writ 20.00 c. Misdemeanor-violation 117.00 d. Felony
guilty plea 185.00 e. Preliminary hearing 30.00 f. Bond forfeiture 65.00 (2) Circuit Court:
a. Issuance of alias writ 30.00 b. Misdemeanor 117.00 c. Felony 185.00 d. Bond forfeiture
65.00 (3) Docket fees for cases in the juvenile division of the district court or circuit
court shall be assessed at eighty-five dollars ($85) and shall be distributed as follows:
a. Sixteen dollars ($16) to the Fair Trial Tax Fund. b. Forty-nine dollars ($49) to the State
General Fund. c. Ten dollars ($10) to the county general fund. d. Five dollars ($5) to the
Peace Officers' Standards and Training Fund. e. Five dollars ($5) to the Advanced...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction
or dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced
to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking
of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date
of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail
bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another
must be issued, and so on until the judgment has been executed. If the defendant is taken
on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay,
be carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code
1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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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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15-8-91
Section 15-8-91 Prosecution dismissed where amendment not consented to by defendant;
new indictment; form of entry of record. If the defendant will not consent to such amendment
of an indictment, the prosecution may be dismissed at any time before the jury retires as
to the count in the indictment to which the variance applies, and the court may order another
indictment to be preferred at a subsequent time, in which case an entry of record must be
made to the effect following: "The State ) In this case, it appeared from the evidence
that there was a variance between the allegations of the indictment and the "The State
proof in this (setting out the variance); or it appeared from the evidence that the defendant's
name was ...(stating it); and the defendant not consenting to allow the indictment to be amended,
the prosecution was dismissed before the jury retired, and another indictment was ordered
to be preferred." v.) A. B.) (Code 1852, §594; Code 1867, §4144; Code 1876, §4817;
Code...
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28-4-313
Section 28-4-313 Prosecutions for violations of chapter, etc., begun by affidavit or
indictment; right of person charged to demand grand jury indictment; continuation of prosecution
upon original affidavit; amendment of affidavit or complaint. All prosecutions for a violation
of any provision of this chapter or of any other law for the suppression of the evils of intemperance
may be begun by affidavit as well as by indictment; and when begun by affidavit, the person
charged shall not have the right to demand that a grand jury prefer an indictment for the
alleged offense, except where such offense is a felony, but the prosecution may continue no
matter in what court or before what judge the trial shall be had upon the affidavit upon which
it was originally begun. The said affidavit or any complaint that may be filed in such prosecution
may be amended to meet the ends of justice and to prevent a dismissal of the case upon any
informality, irregularity or technicality. (Acts 1909, No....
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