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15-15-21
Section 15-15-21 Information preferred and filed against defendant. When the desire
of a defendant to plead guilty is made known to the court, it shall direct the district attorney
of such court to prefer and file an information against such defendant, under the oath of
such district attorney or some witness, which information shall accuse the defendant, with
the same certainty as an indictment, of the criminal offense for which he is being held. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, ยง261.)...
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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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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney
and assistant district attorney, within the circuit, county, or other territory for which
he or she is elected or appointed: (1) To attend on the grand juries, advise them in relation
to matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and
shall, in every case of failure, move against the register as provided by subsection (b) of
Section 12-17-114. (5) If a criminal prosecution is removed from a court of his or
her circuit, county, or division of a county to a court of the United States, to appear in
that court and represent the state; and, if it is impracticable, consistent with his or her...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines;
conditions. Any person arrested or charged with the violation of a controlled substance offense
as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the
district attorney having jurisdiction over the offense to enroll in a drug abuse treatment
program in lieu of undergoing prosecution. Admission to such treatment program and deferral
of prosecution may be granted at the discretion of the district attorney. The Office of Prosecution
Services shall establish guidelines, which shall be used by the prosecutor in evaluating the
request for diversion from the criminal justice system into rehabilitation. If prosecution
has been initiated by the filing of a complaint, information or indictment, prior approval
and dismissal of the case must be obtained from the judge presiding over the case. Admission
to such treatment or rehabilitation program and deferral of prosecution is...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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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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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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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall
have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES.
All offenses, including municipal ordinance violations, in which alcohol and drug abuse is
determined from the evidence to have been a factor in the commission of the offense including
juveniles charged with possession of controlled substances and adjudicated delinquent. (2)
ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the
user, or that of others, is substantially impaired or endangered or the social or economic
function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with
abuse or addictive potential to the extent that the user has lost the ability of self control,
or to the extent that the health, safety, or welfare of the user, or that of others, is substantially
impaired or endangered, or the social or economic function of the user is...
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13A-12-51
Section 13A-12-51 District attorney to file complaint on certain information. When it
shall be made known to any district attorney who prosecutes criminal cases in the county by
the chief of police, sheriff or other officer or by any reputable citizen that any hotel,
tavern, inn or other building has been provided with bells, wires, signals or dumbwaiters
or any of them, or other implements or appliances for communicating with the occupants of
a gaming place or rooms used for gambling, or that barred or locked doors have been provided
which prevent the access of any officer to said rooms where said gaming is carried on, the
district attorney shall file a complaint in a court against the owner of such building or
room, as well as against the keeper or proprietor of such hotel, tavern, inn or other building
to obtain a mandatory injunction to compel the removal of all the things, implements or devices
hereinabove mentioned and to perpetually enjoin them from permitting said hotel,...
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