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26-17-613
Section 26-17-613 Right to counsel; fees, expenses, and costs. (a) In all proceedings under
this chapter, any party may be represented by counsel. (b) Nothing contained in this chapter
shall be construed so as to guarantee court-appointed counsel at the state's expense to any
party who is not otherwise entitled to court-appointed counsel under statutory or case law.
Appointment of counsel for a minor defendant or party who is entitled to counsel and the compensation
of such appointed counsel shall be governed by other applicable law. (Act 2008-376, p. 666,
§2.)...
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12-17-217
Section 12-17-217 Representation of clients in certain proceedings. Any person occupying the
office of supernumerary district attorney shall not represent any client, other than the State
of Alabama, himself or herself, or an immediate family member in any criminal, quasi-criminal,
or civil forfeiture proceeding resulting from a criminal action where the State of Alabama
is a party to the action, as court appointed counsel or as a public defender, eligible to
receive funds or reimbursements from the indigent defense fund. Upon motion, the court shall
enjoin any supernumerary district attorney from violating this section. (Act 2015-498, §30.)...
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15-11-7
Section 15-11-7 Appearance by counsel for defendant; separation of witnesses; control of hearing.
In a preliminary examination, the defendant may appear by counsel and, on application, the
court may direct the witnesses for the prosecution or defense, or both, to be kept separate
so that they cannot hear the evidence or converse with each other until examined. Such an
examination is under the control of the court and should be so conducted as to elicit the
facts of the case. (Code 1852, §§459, 460; Code 1867, §§4008, 4009; Code 1876, §§4678,
4679; Code 1886, §4285; Code 1896, §5234; Code 1907, §7599; Code 1923, §5232; Code 1940,
T. 15, §134.)...
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31-2A-27
Section 31-2A-27 (Article 27.) Detail of trial counsel and defense counsel. (a)(1) Trial counsel
and defense counsel shall be detailed for each general and special court-martial. The Alabama
National Guard shall prescribe regulations providing the manner in which counsel are detailed
for such court-martial and for persons who are authorized to detail counsel for such court-martial.
(2) No person who has acted as investigating officer, military judge, witness, or court member
in any case may act later as trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or associate defense counsel in
the same case. No person who has acted for the prosecution may act later in the same case
for the defense nor may any person who has acted for the defense act later in the same case
for the prosecution. (3) Except as provided in subsection (b), trial counsel or defense counsel
detailed for a general or special court-martial must be a...
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12-19-20
Section 12-19-20 Court fees in civil and criminal cases in circuit and district courts to be
uniform; fees prescribed by chapter exclusive; exceptions. (a) Court fees in civil and criminal
cases in the circuit court and district court shall be uniform for each type of case and each
court level. (b) The fees prescribed in this chapter shall be exclusive of all other fees,
except that: (1) The Administrative Director of Courts may, pursuant to Supreme Court rule,
set schedules of fees for payments to court-appointed officers for preparation of transcripts
on appeal and for certification of court records; (2) Fees now or hereafter imposed by law
on parties to civil actions and criminal defendants for support of law libraries, public defender
services, work release programs and pretrial release programs shall be retained in the county
collecting such fees, to be utilized for the purposes now or hereafter authorized by law;
(3) Any fees for counsel, masters, receivers or other...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components;
drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial
circuit, with the consent of the district attorney of that judicial circuit, may establish
a drug court or courts, under which drug offenders shall be processed, to appropriately address
the identified substance abuse problem of the drug offender as a condition of pretrial release,
pretrial diversion, probation, jail, prison, parole, community corrections, or other release
or diversion from a correctional facility. The structure, method, and operation of each drug
court may differ and should be based upon the specific needs of and resources available to
the judicial district or circuit where the drug court is located, but shall be created and
operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme
Court. (2) Nothing in this chapter shall affect the...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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15-22-73
Section 15-22-73 Appointment of parole officers; duties and powers; reports, records, etc.,
privileged. Parole officers may be appointed to investigate all cases referred by the board
to such officers and shall furnish to each parolee under his supervision a written statement
of the conditions of his parole, instruct each parolee regarding the same, and keep informed
concerning the conduct and condition of each person on parole under his supervision. Each
parole officer shall make such reports as the board may require. Each parole officer shall
have, in the execution of his duties, the power of arrest and the authority to execute process
as is given by law to police officers of such city. All reports, records and data assembled
by any parole officer shall be privileged and shall not be available for public inspection
except upon order of a court, except that in no case shall the right to inspect said reports
be denied the defendant or his counsel. (Acts 1979, No. 79-674, p. 1189, §4.)...
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31-2A-26
Section 31-2A-26 (Article 26.) Military judge of a general or special court-martial. (a) A
military judge shall be detailed to each general and special court-martial. The military judge
shall preside over each open session of the court-martial to which the military judge has
been detailed. (b) A military judge shall be all of the following: (1) An active or retired
commissioned officer. (2) A member in good standing of the bar of the highest court of a state
or a member of the bar of a federal court for at least five years. (3) Either a certified
military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant
General. (c) In the instance when a military judge is not a member of the bar of the highest
court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing
a certificate with the state judge advocate setting forth such qualifications provided in
subsection (b) and with notice and approval of the State Bar and Chief...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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