12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of
all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment,
writ of error, or in any other case, is to ensure the appearance of the defendant in court,
and the undertaking is forfeited by the failure of the defendant to appear. If, by reason
of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to the officer, official, or employee authorized by law to receive
fines levied by the court. The court shall then, without any notice to defendant, render judgment
absolute for the entire sum deposited and the money shall then become public money of the
State General Fund or in bail forfeiture cases pending in the municipal courts...
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15-6-24
Section 15-6-24 Requiring security to keep the peace by defendant; when court appearance required;
form of undertaking. (a) If there is just reason to fear the commission of an offense, the
defendant must be required to give security to keep the peace, in such sum as the circuit,
district or municipal court judge may direct, towards all the people of this state, particularly
the person against whom or whose property there is reason to fear the offense may be committed,
for such time as the judge may direct, though not more than 12 nor less than six months; but
the defendant must not be required to appear at any court unless he has actually committed
an offense cognizable in such court. (b) The undertaking to keep the peace may be, in substance,
as follows: "The State of Alabama,} We (here insert the names of the defendant and his
sureties), agree to pay to the ___ County.} State of Alabama $1,000.00 (or such sum as the
judge directs) if the said (here insert name of the...
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15-13-128
Section 15-13-128 Form for bondsman's process. The following shall be substantially the form
to be used for a bondsman's process. BONDSMAN'S PROCESS STATE OF ALABAMA COUNTY OF ___. (or)
CITY OF ___. WHEREAS, the Sureties on the bail of the defendant _____, in case number _____,
have expressed their desire to surrender the defendant to the custody of _____ of (City or
County), Alabama, and such desire has been expressed to the clerk of the _____ Court of the
City/County of _____, Alabama, and, WHEREAS, the clerk has checked the records and case number
_____ is still pending and the defendant nor his or her sureties have been discharged of their
obligations, or the records of case number _____ reflect that the defendant has failed to
appear on the obligation of bail as required and a warrant has been issued for the arrest
of the defendant. NOW, THEREFORE, this document is issued, as required by law, and the document
gives the right to the Sureties (bondsmen) to arrest...
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37-14-12
Section 37-14-12 Judicial determination of legality, etc., of article - Contents of complaint;
order and notice of hearing to show cause; intervention. (a) The complaint by appropriate
allegations, references and/or exhibits shall briefly state the following: the authority for
the purchase and sale of distribution facilities and other transactions and restrictions under
this article; the nature of any franchise heretofore issued by a municipality which will be
affected; a general description of restrictions imposed by this article; the proposed date
when the purchase and sale or other transaction is to be effective, and the impact which such
restrictions and sale shall have on the parties and the public. (b) The judge of said court
shall, upon the filing and presentation of said complaint, issue an order against the citizens
of the state, and other defendants requiring them to show cause, at a time and place to be
designated in said order, which time shall be not less than 35 days nor...
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11-45-9.1
schedule of fines; additional penalty for failure to appear; disposition of fines. (a) By ordinance,
the governing body of any municipality may authorize any law enforcement officer of a municipality
or any law enforcement officer of the state, in lieu of placing persons under custodial arrest,
to issue a summons and complaint to any person charged with violating any municipal littering
ordinance; municipal ordinance which prohibits animals from running at large, which shall
include leash laws and rabies control laws; or any Class C misdemeanor or violation
not involving violence, threat of violence or alcohol or drugs. (b) Such summons and complaint
shall be on a form approved by the governing body of the municipality and shall contain the
name of the court; the name of the defendant; a description of the offense, including the
municipal ordinance number; the date and time of the offense; the place of the offense; signature
of the officer issuing the citation; the scheduled...
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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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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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45-45-233.28
Section 45-45-233.28 Release pending trial; conditions; order; notice. (a) Any person in Madison
County charged with an offense, at his or her appearance before a judicial officer, may be
ordered released pending trial on his or her personal recognizance or upon the execution of
an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial
officer determines, in the exercise of his or her discretion, that such a release will not
reasonably assure the appearance of the person as required. When such a determination is made,
the judicial officer shall, either in lieu of or in addition to the above methods of release,
impose the first of the following conditions of release which will reasonably assure the appearance
of the person for trial or, if no single condition gives that assurance, any combination of
the following conditions: (1) Place the person in the custody of a designated person agreeing
to supervise him or her. (2) Place restrictions on the...
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45-8-240.31
Section 45-8-240.31 Delinquent taxes statement; list of delinquent properties; newspaper notice;
trial and decree of sale; fees; reports. (a) After the first day of January, the Tax Collector
of Calhoun County shall mail a statement to all delinquent taxpayers addressed to the party
in whose name the property was assessed, showing a brief description of the property, and
the amount of taxes, fees, and cost due. It shall be the duty of such party to pay the taxes
and fees assessed and charged against the property. The failure to comply with the requirement
of this section, or the failure to receive the statement shall not invalidate a sale of the
property for taxes, nor invalidate the title of any property sold for taxes. (b)(1) Within
the time allowed by law, it shall be the duty of the tax collector to furnish the judge of
probate a list of all property on which the entire amount of taxes have not been paid, which
list shall show the name of the person to whom the property was...
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