12-17-186
Section 12-17-186 Appointment of attorney to act for district attorney when office vacant, district attorney disqualified, etc. (a) The presiding judge of the circuit court, the district court or the municipal court, when the district attorney or assistant district attorney regularly required by law to prosecute criminal cases in such court is absent, or connected with the party against whom it is his duty to appear by consanguinity or affinity within the fourth degree, or when there is a vacancy in the office from any cause, or when the district attorney refuses to act, may appoint a competent attorney to act in such district attorney's place, but such appointment shall in no event extend beyond the session of the court at which the appointment is made. (b) The attorney so appointed shall receive for his services the sum of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant of the Comptroller if the district attorney for whom he is appointed to act...
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15-13-81
be made absolute against you on the _____ day of _____ of said court, during the session of said court, unless you then and there appear and show cause against the same. (c) The notice required by subsection (b) of this section may be executed by the sheriff of any county in the state and must be returned by the officer executing it, with his proper return thereon endorsed, on or before the day and date fixed or specified in the notice. (d) If the notice required by subsection (b) of this section is not served on any of the parties to the undertaking, such other notices as are necessary may from time to time be issued; but two returns of "not found" by the proper officer are equivalent to personal service. (Code 1852, §§3691-3694, 3697; Code 1867, §§4254-4257; Code 1876, §§4863-4866; Code 1886, §§4832-4835; Code 1896, §§4375-4378; Code 1907, §§6355-6358; Code 1923, §§3388-3391; Code 1940, T. 15, §§213-216; Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §8.)...
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15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses must be issued, on the application of either the defendant or the district attorney, by the clerk of the court in which the indictment was found, commanding such witnesses to appear at the court to which the trial is removed, which subpoenas must be executed by the sheriff and returned to the clerk of the latter court; and the clerk of the court to which the trial is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses. (Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313; Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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15-23-63
Section 15-23-63 Prosecuting attorney required to notify victim of charges and proceedings; request for notice. (a) Upon written request of the victim, the prosecuting attorney shall notify the victim of all charges filed against the defendant, criminal proceedings, except initial appearances, as soon as practicable, including any changes that may occur. (b) The victim shall provide to and maintain with the office of the prosecuting attorney a request for notice on a form provided by the agency. The form shall include the telephone number and address of the victim. If the victim fails to keep this information current, his or her request for notice shall be considered withdrawn and void. Except as otherwise provided, all notices provided to a victim pursuant to this article shall be on forms developed and produced for the appropriate government agency or office. (Acts 1995, No. 95-583, p. 1234, §4.)...
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15-8-72
Section 15-8-72 Recording and safekeeping; when record book required to be produced; use of photograph or photostat machines. (a) The clerk of the court in which indictments are returned shall, forthwith and without allowing them to be taken out of his custody or control, record the same, with the endorsement thereon, in a well-bound book which shall be properly indexed and kept secret, as indictments are required to be kept secret, before the arrest of the defendant; and, if the office of the clerk is furnished with an iron safe or vault, it shall be kept therein. (b) The court may require the production of such book on the trial of the defendant for comparison of the indictment against the defendant with the record thereof only in cases where the trial is had on a certified copy of the indictment as provided by law. (c) Indictments may be recorded by means of a photograph or photostat machine. (Code 1886, §4388; Code 1896, §4916; Code 1907, §7154; Code 1923, §4549; Acts 1939, No....
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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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12-17-190
Section 12-17-190 Suspension from office - When order of suspension set aside. When it shall be known to the court that there is no indictment pending in the court in which such indictment was found or in any court to which a case may have been removed by change of venue, against a district attorney who has been suspended, the order suspending such district attorney shall be set aside. (Code 1876, §778; Code 1886, §4253; Code 1896, §5525; Code 1907, §7790; Code 1923, §5508; Code 1940, T. 13, §239.)...
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12-17-195
Section 12-17-195 Assistant district attorneys representing defendants charged with criminal offenses. Any assistant district attorney who acts as attorney for, represents or defends any defendant charged with a criminal offense of any kind or character in any court, state, municipal or federal, in this state, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $1,000.00. (Acts 1945, No. 342, p. 558.)...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution; annual audit. (a) A drug court shall collect and maintain the following information for each drug offender that is considered for admission or admitted into drug court: (1) Prior criminal history. (2) Prior substance abuse treatment history, including information on the success or failure of the drug offender in those programs. (3) Employment, education, and income histories. (4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations. (5)a. Instances of recidivism occurring after successful completion of drug court. Recidivism shall be measured at a period of three years after successful graduation. b. Instances of recidivism occurring after a drug offender's termination in drug court for a period of three years from release into the community. (6) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into...
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12-9A-5
Section 12-9A-5 Judicial Weighted Caseload Study. (a) No later than January 1, 2018, the Alabama Supreme Court shall revise the factors considered in the Judicial Weighted Caseload Study to uniformly, fairly, and accurately account for criminal cases by counts brought against a defendant. (b) No judgeship shall be reallocated until three years of data is available after the revision of the factors considered in the Judicial Weighted Caseload Study as provided in this section. (c) No judicial circuit shall lose more than one judgeship through allocation in a two year period. (Act 2017-42, §5.)...
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