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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following
forms of pleas, replications, rejoinders and demurrers are sufficient in all cases in which
they are applicable, but they are not exclusive, and any other form sufficient at common law,
under the statutes or any analogous or kindred pleadings, where no form is provided in this
Code, may be used: (1) CAPTION. - The following caption may be used as a part of each of the
following forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM
OF PLEA. - Comes the defendant (in his own proper person, or by attorney) and for plea says:
The state ought not further to prosecute this indictment against him because _____ (stating
matter constituting the plea). And this the defendant is ready to verify and prays judgment
that he be discharged (or it may conclude, "and of this he puts himself upon the country,"
whenever appropriate). ___, defendant or attorney for defendant. (3)...
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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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15-8-150
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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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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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation
of certain ordinances; procedure; schedule of fines; additional penalty for failure to appear;
disposition of fines. (a) By ordinance, the governing body of any municipality may authorize
any law enforcement officer of a municipality or any law enforcement officer of the state,
in lieu of placing persons under custodial arrest, to issue a summons and complaint to any
person charged with violating any municipal littering ordinance; municipal ordinance which
prohibits animals from running at large, which shall include leash laws and rabies control
laws; or any Class C misdemeanor or violation not involving violence, threat of violence or
alcohol or drugs. (b) Such summons and complaint shall be on a form approved by the governing
body of the municipality and shall contain the name of the court; the name of the defendant;
a description of the offense, including the municipal ordinance number; the date and...
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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may
be organized as a worthless check unit. Each district attorney who elects to establish the
unit shall assign sufficient staff and resources to effectively operate the unit. The worthless
check unit of the special services division of the district attorney's office shall be created
for the purpose of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After
following the requisites of Section 13A-9-13.1, any party holding a worthless negotiable
instrument may present a "complaint" to the worthless check unit of the...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191,
the term, "ignition interlock device" means a constant monitoring device that prevents
a motor vehicle from being started at any time without first determining the equivalent blood
alcohol level of the operator through the taking of a breath sample for testing. The system
shall be calibrated so that the motor vehicle may not be started if the blood alcohol level
of the operator, as measured by the test, reaches a blood alcohol concentration level of 0.02.
(b) The ignition interlock device shall be installed, calibrated, and monitored directly by
trained technicians who shall train the offender for whom the device is being installed in
the proper use of the device. The use of a mail in or remote calibration system where the
technician is not in the immediate proximity of the vehicle being calibrated is prohibited.
The Department of Forensic Sciences shall promulgate rules for punishment and appeal for...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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15-15-23
Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing
of defendant. (a) Upon the date fixed for the formal plea of guilty by a defendant, the court
shall proceed to hear the testimony of any witnesses who may be summoned or offered either
by the state or by the defendant or whom the court may direct to be summoned, and it must
hear also the testimony of the defendant. (b) If after hearing the testimony the court believes
beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense
charged against him in the information provided for in Section 15-15-21, the court
shall thereupon receive and enter the plea of guilty of such defendant, shall enter judgment
of conviction thereon and shall sentence the defendant to such term in the penitentiary as
is prescribed by law, any other provisions of the law to the contrary notwithstanding. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, §264.)...
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15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ
of arrest may be substantially in the following form: State of Alabama, _____ County. To any
sheriff of the state: An indictment having been found against A. B., at the ______ session,
20__, of the ______ court of _____ County, for the offense of ______ (describing the offense
so as to show that it is a felony), you are, therefore, commanded forthwith to arrest the
said defendant and commit him to jail; and that you return this writ according to law. (signed)
C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253;
Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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