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Section 15-15-20 (Repealed effective upon approval of Act 96-586) Felony cases.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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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge that, before the finding of this indictment, etc. (describing the offense as in the following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales of the capital stock of the X. Y. company (or otherwise describing the security so advertised), which said stock (or other security) had not then...
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45-49-233.01
Section 45-49-233.01 Fees for services. (a) The Sheriff of Mobile County shall be entitled to receive the following fees for the services as listed below in civil and criminal cases: SERVICE FEE (1) Levying attachment. $25 (2) Summoning garnishee and making return. $10 (3) Garnishment notice to defendant. $10 (4) Serving summons and other mesne process, except subpoenas for witnesses, and returning same. $10 (5) Summoning each witness and returning subpoenas. $ 5 (6) Executing a writ of possession. $25 (7) Making a deed to real estate sold. $25 (8) Serving summons and making returns in cases of forcible entry and detainer. $25 (9) Executing writs of restitution in such cases. $25 (10) Collecting execution for cost only. $25 (11) Serving subpoenas on bill in chancery proceedings and returning the same, for each defendant. $25 (12) Serving any court summons not herein provided for and making return. $10 (13) Serving attachment for contempt of court or rule to show cause. $10 (14) Taking...
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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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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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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally. (a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon the trial by jury in the circuit courts of any person charged with a felony, including a capital felony, a misdemeanor, or violation, the court shall require a strike list or lists to be compiled from the names appearing on the master strike list as established in Section 12-16-74. In compiling the list or lists, names of qualified jurors may be omitted on a nonselective basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof given to all parties. The jurors whose names appear thereon shall be brought into open court, the case shall be called and in the presence of the district attorney and the defendant and his attorney, the jurors shall be examined on voir dire for the trial of the case at hand. After the conclusion of the voir dire examination and the removal from...
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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail or any other place on a charge of felony or under a commitment or an indictment for felony, the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge. (b) When the person is confined in the penitentiary or under a sentence, judgment or order of the supreme court or the circuit court, other than an indictment for felony, the petition must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed to any one of them, and when the person is confined in any other place than the county jail or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code 1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000), exclusive of interest and costs, and shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs,...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or her arrest to a judge of the district or circuit court of the county having jurisdiction of the offense charged that the defendant desires to plead guilty as charged or as a youthful offender upon the granting of youthful offender status. (b) Upon receipt of the written notice from the defendant stating his or her desire to plead guilty, the court shall direct the district attorney to prefer and file an information against the defendant. The information shall be made under oath of the district attorney or a witness, and shall accuse the defendant with the same specificity as required in an indictment of the offense or offenses for which the defendant is charged. This section shall not be construed to preclude the district attorney from amending or dismissing a pending charge against a...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less in any court having jurisdiction to try offenses against the State of Alabama and the judge presiding over the case is satisfied that the ends of justice and the best interests of the public as well as the defendant will be served thereby, he or she may order: (1) That a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for such period and upon such terms as the court...
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