36-19-18
Section 36-19-18 Fire Marshal may cause persons to be arrested and charged with offenses; furnishing
of information to district attorneys having jurisdiction of offenses. If the Fire Marshal
shall be of the opinion that there is evidence sufficient to charge any person with an offense,
he shall cause such person to be arrested and charged with such an offense as the evidence
may warrant and shall furnish to the district attorney of any court having jurisdiction of
the offense all the information obtained by him, including a copy of all pertinent and material
testimony taken, together with the names of the witnesses. (Acts 1919, No. 701, p. 1013, §9;
Code 1923, §974; Code 1940, T. 55, §46.)...
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45-26-80.03
Section 45-26-80.03 Additional booking fee in certain cases. (a) In Elmore County, a booking
fee in the amount of twenty-five dollars ($25) shall be assessed by the clerk of the court
as court costs against each defendant incarcerated in or booked in the Elmore County Jail
if the defendant is convicted or pleads guilty in cases prosecuted in the circuit court or
district court of the county. (b) The clerk of the court shall enter the booking fee on the
docket sheet and collect the fee in the same manner and at the same time as other court costs
are collected. The booking fee assessed pursuant to this section shall be in addition to all
other fines, court costs, or other charges now or hereafter provided by law. The court costs
provided by this section shall not be waived by any court unless all other fees, assessments,
costs, fines, and charges associated with the case are waived. (c) The clerk of the court
shall remit the booking fees collected pursuant to this section on a monthly...
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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision
of the district attorney to admit the offender into the pretrial diversion program, but prior
to entry, the district attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, the following: (1) A voluntary waiver of the offender's right to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statute or rules of court. (3) An agreement to the conditions of the program
established by the district attorney. (4) If there is a victim of the charged crime, an agreement
to a restitution repayment within a specified period of time and in an amount to be determined
by the district attorney taking into account circumstances of the offender and the victim.
(5) A waiver in writing of the offender's right to a jury...
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45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city judge, the city attorney and the offender shall submit the written
application of the offender together with the statement of facts of the offender, the acceptance
of the offender by the city judge, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the probation officer or any agency or service provider
in furtherance of the application and evaluation process and the same will be deducted from
any money so refunded to the offender. (b) Upon approval...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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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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15-5-40
Section 15-5-40 stored wire and electronic communications and transactional records access;
pen registers and trap and trace devices. (a) The definitions, prohibitions, authorizations,
and procedures regarding access to stored wire and electronic communications and transactional
records and the installation or use of pen registers or trap and trace devices shall be adopted
and coextensive with the provisions of the federal law defined at Chapters 121 and 206 of
Title 18, United States Code, Sections 2701-2712 and 3121-3127, and as those provisions may
hereafter be amended. (b) Emergency pen registers and trap and trace devices may be installed
pursuant to the provisions of the federal law defined in Title 18, United States Code, Section
3125, as it may hereafter be amended, provided the investigative or law enforcement officer
declaring the emergency has been specially authorized and designated in writing by the Attorney
General, district attorney, or city attorney, if authorized to...
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