15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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12-1-11
Section 12-1-11 Appeal to appellate court by attorney or officer from judgment of contempt.
Any attorney or officer who is ordered to be punished for a contempt in the circuit court
may appeal to the appropriate appellate court and may stay the execution of any fine or sentence
imposed by the execution of a bond, payable to the state, with two sufficient sureties, to
be approved by the tribunal appealed from, in a penalty to be fixed by said tribunal, not
exceeding $300.00, conditioned to pay the fine and costs, in case of affirmance in whole or
in part. The appellant shall be entitled to bail in such cases upon the execution of an appearance
bond, with two or more such sureties, in the penalty of $300.00, payable to the state, conditioned
to appear in the court to which his appeal is prosecuted and to abide the result of such appeal,
which maybe approved by the sheriff or other officer in whose custody the appellant may be.
On such appeal the question shall be whether the appellant...
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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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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted to
bail when he is charged with an offense which may be punished by death if the court is of
the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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45-2-84.08
Section 45-2-84.08 Rules and regulations; revocation hearings. (a) The Baldwin County Pretrial
Release and Community Corrections Board may promulgate rules and regulations for establishing
pretrial release programs, alternative sentencing programs, educational programs, intervention
programs, treatment programs, supervision programs, and other programs to serve the courts
of the Twenty-eighth Judicial Circuit. (b) A person who has been released or sentenced pursuant
to this part and who has violated a condition of release or sentencing shall be subject to
revocation of release or subject to revocation of any other sentence imposed upon motion of
the court, the district attorney, or the supervising officer of the defendant in the program
in which he or she has been placed. A revocation hearing shall be conducted by the court as
provided by the Alabama Rules of Criminal Procedure for bond revocation in cases of violation
of terms of pretrial release and probation revocation in cases...
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12-12-4
Section 12-12-4 Powers of court as to disposition of criminal cases generally. In disposing
of cases within its criminal jurisdiction, the district court may impose and suspend sentences,
place criminal defendants on probation, remit fines and court costs and release defendants
on personal recognizance in accordance with standards prescribed by law or rule; provided,
that the court may enter an order authorizing the defendant to drive under the conditions
set forth in the order. (Acts 1975, No. 1205, p. 2384, §4-106.)...
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15-13-136
Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days. In forfeiture
cases where the clerk of the court has failed to issue the conditional forfeiture notice as
stipulated in Section 15-13-132 and where there has been no service as set out in Section
15-13-134 made within 90 days of the order of the court as set out in Section 15-13-131, and
where the sureties have complied with Section 15-13-133, then the sureties shall be discharged
from all liability of the bail and the conditional judgment shall be set aside against such
sureties. (Acts 1993, No. 93-677, p. 1259, §37.)...
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15-13-156
Section 15-13-156 Filing of lien in default cases - Release. (a) Clerks of all courts of the
state and its subdivisions may file the "lien and affidavit" form in the probate
court of the county where the property is located immediately after a final forfeiture is
ordered by any court of the State of Alabama or its subdivisions. The probate court shall
file and record it in its real property recordings and there shall be no charge to the city
or state assessed or collected. (b) In all final forfeiture cases of property bail, where
the judgment has been satisfied by the sureties or the court has set aside the final forfeiture
and the sureties liability has been discharged by law, the clerk of the court shall see that
any "lien and affidavit" form previously filed is so cancelled. The clerk may cancel
it by issuing a cancellation of the lien. The cancellation shall be in writing and filed and
recorded by the judge of probate of the county where the property is located. The probate
court...
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6-5-149
Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action; continuance;
costs; judgment. (a) The action, when commenced, shall have precedence over all other cases
except injunctions. (b) In such action, evidence of the general reputation of the place or
any admission or finding of guilt of any person under the original laws against prostitution,
lewdness, or assignation at any such place shall be admissible for the purpose of proving
the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge
of and acquiescence and participation therein on the part of the person, or persons, charged
with maintaining such nuisance. (c) If the complaint is filed for the state by a citizen of
the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his
personal representative or agent, and his attorney or of the officer filing the complaint,
setting forth the reasons why the action should be dismissed and the...
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12-25-38
Section 12-25-38 Revocation of post-release supervision status. (a) Offenders who fail to comply
with the conditions of post-release supervision as specified by the Board of Pardons and Paroles
may have their release status revoked. (b) At any time during the period of post-release supervision,
the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested
for violating any of the conditions of post-release supervision. (c) Any probation officer,
police officer, or other officer with power of arrest, when requested by the probation officer
or other supervising officer, may arrest an offender under post-release supervision without
a warrant. To arrest the offender without a warrant, the arresting officer shall have a written
statement by the probation officer or other supervising officer declaring that the offender
under post-release supervision, in his or her judgment, has violated the conditions of post-release
supervision. The statement shall be...
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