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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained
of is brought before the circuit, district or municipal court judge, he and his witnesses
must be heard in his defense; and, if on hearing the witnesses on both sides it appears that
there is no just reason to fear the commission of the offense, the defendant must be discharged.
If the hearing is continued, the judge shall require the defendant to give bail for his appearance,
and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412;
Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525;
Code 1923, §5143; Code 1940, T. 15, §406.)...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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15-12-29
Section 15-12-29 Contract counsel system - Construction of sections. Sections 15-12-26, 15-12-27,
and 15-12-28 shall not be construed to preclude judges from appointing counsel for indigent
defendants, or from assigning representation of an indigent defendant to other contract counsel
where there is a conflict of interest involving the contract counsel, or if the contract counsel
is unable to provide prompt and adequate representation, and the indigent defense systems
chosen do not provide any other alternative. Sections 15-12-26, 15-12-27, and 15-12-28 shall
not be construed to supersede any provision of the Alabama Rules of Criminal Procedure or
any other provision of law relating to public defenders. (Acts 1995, No. 95-757, p. 1770,
§5; Act 2011-678, p. 1862, §6.)...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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12-11A-6
Section 12-11A-6 Services provided by circuit court clerk and sheriff. (a) The clerk of the
circuit court of the county in which the case is filed shall provide the same case management
services as with any other case filed in the circuit clerk's office. The private judge hearing
a case under this chapter shall have access to all pleadings, docket entries, and other filings
as would a judge hearing the case. (b) The sheriff of the county in which the case is filed
shall provide such services related to service of process as for any other case filed in the
county. (Act 2012-266, p. 514, §6.)...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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31-2A-66
Section 31-2A-66 (Article 66.) Military Court-Martial Review Panel. The Governor shall establish
a Military Court-Martial Review Panel which shall be composed of one or more panels, and each
such panel shall be composed of not less than three appellate military judges. The military
judges selected for the Military Court-Martial Review Panel shall be active or retired judge
advocates of the Department of Defense of the United States. Further composition and selection
of judges for the panel shall be established by regulation pursuant to Sections 131 and 271
of the Official Recompilation of the Constitution of Alabama of 1901, as amended. For the
purpose of reviewing courts-martial cases, the body may sit in panels or as a whole in accordance
with the rules prescribed by the Governor. All appeals of decisions of courts-martial shall
proceed directly to the Military Court-Martial Review Panel. (Act 2012-334, p. 790, §1.)...
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45-28-82.27
Section 45-28-82.27 Costs and fees. (a) An offender may be assessed an application fee when
he or she is approved for the program. 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 Science assessments, drug, alcohol, or anger management treatments
required by law, restitution, 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 application
fee shall be determined by the district attorney and may not exceed the following amounts
for each case for which the offender makes application for acceptance into the pretrial diversion
program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses:
Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the
pretrial diversion program based solely on his or her inability to pay....
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