28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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13A-12-57
Section 13A-12-57 Trial; defendant bound over. The court shall thereupon proceed to hear the
evidence in the case, and, if probable cause is shown for believing said parties or any of
them to be guilty, he shall bind them over under proper bond to await the action of the grand
jury in accordance with the laws of the state as prescribed in preliminary examinations before
courts authorized by law to conduct preliminary examinations, and all rules of procedure applicable
to such preliminary examinations shall be likewise applicable to proceedings under this division.
(Acts 1909, No. 193, p. 183; Code 1923, §4289; Code 1940, T. 14, §301; Code 1975, §13-7-98.)...

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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In all criminal
cases in the circuit court in which a capias or warrant of arrest has issued for two terms
and has been returned "not found," the district attorney may, by leave of the court,
withdraw and file the indictment, with leave to reinstate the same when the ends of justice
require such reinstatement. In all cases where a defendant is confined in one of the Alabama
state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney
may, by leave of the court, withdraw and file the indictment, with leave to reinstate the
same when the ends of justice require such reinstatement. (Code 1867, §4149; Code 1876, §4822;
Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T.
15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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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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45-27-80.60
Section 45-27-80.60 Excusal of jurors. In all capital cases where trial by jury is held before
the circuit court in the Twenty-first Judicial Circuit of Alabama, the judge presiding over
the empanelment of the jury venire in the capital case is authorized to excuse any prospective
juror outside the presence of the defendant provided the juror has a legal excuse for being
excused and it shall be within the discretion of the judge to determine whether the prospective
juror's excuse is legal; provided that in no case shall there be a smaller number of jurors
to select from in the capital case than provided by statutes not in force and effect. (Act
80-712, p. 1446, §1.)...
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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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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-22-113
Section 12-22-113 De novo trial in circuit court; statement of cause of complaint. The trial
in the circuit court shall be de novo and without any indictment or presentment by the grand
jury, but the district attorney shall make a brief statement of the cause of complaint signed
by him, which maybe in the following form: The State of Alabama, } In the circuit court, ______20__
On appeal from the district (or municipal) court. ___ county.} The State of Alabama, by its
district attorney, complains of C.D., that, within 12 months before the commencement of this
prosecution, he did (here describe the offense as in cases of indictment). G. H., district
attorney. (Code 1852, §509; Code 1867, §4059; Code 1876, §4729; Code 1886, §4231; Code
1896, §4627; Code 1907, §6730; Code 1923, §3843; Code 1940, T. 15, §363.)...
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45-20-80
Section 45-20-80 Jury strike system. Upon the trial by jury in the Circuit Courts of the Twenty-second
Judicial Circuit of any person indicted for a misdemeanor, or a felony or upon appeals to
the circuit courts from lower courts, the court shall require two lists of all the regular
jurors impaneled for the week who are competent to try the defendant to be made, and the district
attorney shall be required to strike from the list the name of one juror, and the defendant
shall strike one, and they shall continue to strike off names alternately until only 12 jurors
remain on the list, and these 12 jurors thus selected shall be the jury charged with the trial
of the case. (Act 80-194, p. 270, §1.)...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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