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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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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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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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15-15-23
Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing
of defendant. (a) Upon the date fixed for the formal plea of guilty by a defendant, the court
shall proceed to hear the testimony of any witnesses who may be summoned or offered either
by the state or by the defendant or whom the court may direct to be summoned, and it must
hear also the testimony of the defendant. (b) If after hearing the testimony the court believes
beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense
charged against him in the information provided for in Section 15-15-21, the court
shall thereupon receive and enter the plea of guilty of such defendant, shall enter judgment
of conviction thereon and shall sentence the defendant to such term in the penitentiary as
is prescribed by law, any other provisions of the law to the contrary notwithstanding. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, §264.)...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court
shall have exclusive original trial jurisdiction over prosecutions of all offenses defined
by law or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment
has been returned by a grand jury. (b) Felonies. (1) The district court may exercise original
jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions
of offenses defined by law as felonies not punishable by sentence of death. (2) The district
court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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15-15-20
Section 15-15-20 (Repealed effective upon approval of Act 96-586) Felony cases. In all
felony cases, except those where the punishment imposed may be death, in which a defendant
has been bound over to the circuit court to await the action of the grand jury, is confined
in jail awaiting preliminary hearing or is confined in jail after having waived to the grand
jury, such defendant may make known, to the district or circuit court of the county having
jurisdiction of the offense with which he is charged, that he desires to plead guilty. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, §260; Acts 1996, No. 96-531, §3.)...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall
have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES.
All offenses, including municipal ordinance violations, in which alcohol and drug abuse is
determined from the evidence to have been a factor in the commission of the offense including
juveniles charged with possession of controlled substances and adjudicated delinquent. (2)
ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the
user, or that of others, is substantially impaired or endangered or the social or economic
function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with
abuse or addictive potential to the extent that the user has lost the ability of self control,
or to the extent that the health, safety, or welfare of the user, or that of others, is substantially
impaired or endangered, or the social or economic function of the user is...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury
impaneled. (a) If a defendant upon arraignment or prior to trial pleads guilty, the court,
without the intervention of a jury, shall determine the degree of the offense and fix the
punishment therefor the same as a jury might fix or impose it if the case were being tried
by a jury, unless, in the discretion of the trial judge, a jury should be impaneled to determine
the degree of the offense or to fix the punishment therefor or unless the defendant at the
time of entering such plea demands a jury in writing. The court shall not in any event, however,
impose capital punishment without the intervention of a jury. (b) Whenever, in the discretion
of the trial judge, a jury should be impaneled or a jury is demanded, in the manner and at
the time prescribed in subsection (a) of this section, no special venire need be drawn,
but the court must cause the punishment to be determined by a jury, except where...
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32-1-4
Section 32-1-4 Appearance upon arrest for misdemeanor. (a) Whenever any person is arrested
for a violation of any provision of this title punishable as a misdemeanor, the arresting
officer shall, unless otherwise provided in this section, take the name and address
of such person and the license number of his or her motor vehicle, and shall issue a summons
or otherwise notify him or her in writing or by an electronic traffic ticket or e-ticket to
appear at a time and place to be specified in such summons, notice, or e-ticket. An electronic
traffic ticket or e-ticket, for purposes of this chapter, is defined as a ticket that is generated
and printed at the site of a traffic violation after a violation has been electronically transmitted
to the court. An arresting officer transfers arrest and licensing information of a violator
electronically to the court. The court electronically records the arrest and issues a complaint
and summons or notice to appear, which is printed at the site of...
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15-23-3
Section 15-23-3 Definitions. As used in this article the following words shall include,
but are not limited to the following meanings unless the context clearly requires a different
meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section
15-23-4. (2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the
following acts: a. An act occurring or attempted within the geographical boundaries of this
state which results in serious personal injury or death to a victim for which punishment by
fine, imprisonment, or death may be imposed. b. An act occurring or attempted outside the
geographical boundaries of this state in another state of the United States of America which
is punishable by fine, imprisonment, or death and which results in personal injury or death
to a citizen of this state, and shall include an act of terrorism, as defined in Section
2331 of Title 18, United States Code, committed outside of the United States,...
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