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34-11-11
Section 34-11-11 Disciplinary action. (a) The board may reprimand, censure, suspend, revoke,
place on probation, recover costs, or fine any licensee or certified engineer intern or land
surveyor intern or firm holding a certificate of authorization or refuse to issue, renew,
or reinstate the certificate of any licensee or certified engineer intern or land surveyor
intern or the certificate of authorization of a firm found guilty of any of the following:
(1) The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate
of licensure, intern certification, or certificate of authorization. (2) Any gross negligence,
incompetency, violation of the rules of professional conduct prescribed by the board, or misconduct
in the practice of engineering or land surveying as a professional engineer, engineer intern,
professional land surveyor, or land surveyor intern. (3) Falsely representing himself or herself
as being in responsible charge of engineering work or...
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32-6-49.3
Section 32-6-49.3 Definitions. Notwithstanding any other provision of this article, the following
definitions shall be applicable unless the context clearly indicates otherwise: (1) ALCOHOL.
a. Beer, ale, port, or stout and other similar fermented beverages (including sake or similar
products), of any name or description containing one-half of one percentum or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
b. Wine of not less than one-half of the percentum of alcohol by volume; or c. Any substance
containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol,
and isopropanol. (2) ALCOHOL CONCENTRATION. a. The number of grams of alcohol per 100 milliliters
of blood; or b. The number of grams of alcohol per 210 liters of breath; or c. The number
of grams of alcohol per 67 milliliters of urine. (3) COMMERCIAL DRIVER LICENSE. (CDL) means
a license issued in accordance with the requirements of this...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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15-15-25
Section 15-15-25 When plea not accepted. If the court, after hearing a plea of guilty by a
defendant and the testimony offered, is of opinion that no offense has been committed or is
not satisfied beyond a reasonable doubt that the defendant is guilty, then the court may order
the defendant recommitted to jail to await the action of the grand jury, may release the defendant
on bond in an amount to be fixed by the court or may order the defendant to be discharged.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §265.)...
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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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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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13A-5-43
Section 13A-5-43 Trial of capital offenses; discharge of defendant; lesser included offenses;
sentencing. (a) In the trial of a capital offense the jury shall first hear all the admissible
evidence offered on the charge or charges against the defendant. It shall then determine whether
the defendant is guilty of the capital offense or offenses with which he is charged or of
any lesser included offense or offenses considered pursuant to Section 13A-5-41. (b) If the
defendant is found not guilty of the capital offense or offenses with which he is charged,
and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41,
the defendant shall be discharged. (c) If the defendant is found not guilty of the capital
offense or offenses with which he is charged, and is found guilty of a lesser included offense
or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed
as provided by law. (d) If the defendant is found guilty of a...
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15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced
and pending in district or municipal court. (a) The original jurisdiction of the circuit courts
over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution
for a misdemeanor has been first commenced and is still pending in a district court or a municipal
court, the prosecution in the circuit court shall be abated on plea. (b) The plea provided
for in subsection (a) of this section must state that the prosecution in the district court
or the municipal court was commenced without the agency, request, participation, connivance
or authority of the defendant and must be sworn to. Each and every averment of the plea may
be traversed and denied; and if, on the trial of the issue, it appears that such prosecution
was commenced by the agency, request, participation, connivance or authority of the defendant,
then the jury must be instructed, if it finds either of these...
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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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