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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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12-19-181
Section 12-19-181 Schedule and distribution of additional fees. (a) In addition to any other
docket fees provided by law, including, but not limited to, the docket fees provided in Sections
12-19-171 and 12-19-176, the following fees shall be automatically assessed in cases in municipal,
juvenile, district, and circuit courts upon conviction or adjudication of the defendant of
any of the following offenses: (1) Unlawful possession of marihuana in the second degree in
violation of Section 13A-12-214 ...$40. (2) Possession of drug paraphernalia, misdemeanor
conviction or adjudication, in violation of subsection (c) of Section 13A-12-260 ...$40. (3)
Delivery, sale, manufacture, etc. of drug paraphernalia in violation of subsection (d) of
Section 13A-12-260: a. Misdemeanor ...$40. b. Felony ...$60. (4) Felony unlawful possession
of a controlled substance in violation of Sections 13A-12-212 and 13A-12-213 ...$60. (5) Obtaining
a...
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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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45-34-81.03
Section 45-34-81.03 Additional booking fee in certain cases. (a)(1) In Henry County, a booking
fee in the amount of forty-five dollars ($45) shall be assessed against and collected from
each person booked or incarcerated into the Henry County Jail and subsequently convicted.
(2) The fee assessed pursuant to this section shall be in addition to any fines, court costs,
or other charges imposed. (b)(1) The booking fee imposed by this section shall be assessed
against a defendant upon conviction by a court of law where the defendant is convicted. (2)
The clerk of the court shall enter the amount of the fee as provided in this section on the
docket sheet and shall collect the fee in the same manner and the same time as court costs.
(3) Notwithstanding subdivision (2), the fee may not be deemed a court cost based on collection
by the clerk. (c) The revenues derived from the booking fee shall be distributed as follows:
Twenty dollars ($20) of the fee to the Henry County Sheriff's Office,...
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12-17-275
Section 12-17-275 Duties. The official court reporter shall attend in person, except as otherwise
herein provided, the sessions of court held in the circuit for which he is appointed, and
in every case, where directed by the judge or requested by a party thereto, he shall take
full stenographic notes of the oral testimony and proceedings, except argument of counsel,
and note the order in which all documentary evidence is introduced, all objections of counsel,
the rulings of the court thereon and exceptions taken or reserved thereto. When directed by
the judge, he shall attend the investigations of the grand jury and there take such notes
of the testimony as directed by the district attorney or foreman. The original stenographic
notes of such court reporter in each case or proceeding officially reported shall be preserved
by him and treated as a part of the records of the respective courts, and upon his retirement
from office, shall be turned over to the clerks of such courts. In cases...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal
offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition
in the criminal division of the circuit court in the county in which the charges were filed,
to expunge records relating to the charge in any of the following circumstances: (1) When
the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand
jury. (3) When the person has been found not guilty of the charge. (4) When the charge was
dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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