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15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case
commenced and pending in district or municipal court. (a) The original jurisdiction of the
circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when
a prosecution for a misdemeanor has been first commenced and is still pending in a district
court or a municipal court, the prosecution in the circuit court shall be abated on plea.
(b) The plea provided for in subsection (a) of this section must state that the prosecution
in the district court or the municipal court was commenced without the agency, request, participation,
connivance or authority of the defendant and must be sworn to. Each and every averment of
the plea may be traversed and denied; and if, on the trial of the issue, it appears that such
prosecution was commenced by the agency, request, participation, connivance or authority of
the defendant, then the jury must be instructed, if it finds either of these...
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36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations
period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally
violates any provision of this chapter other than those for which a separate penalty is provided
for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any
person subject to this chapter who violates any provision of this chapter other than those
for which a separate penalty is provided for in this section shall, upon conviction,
be guilty of a Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates
any disclosure requirement of this chapter shall, upon conviction, be guilty of a Class A
misdemeanor. (4) Any person who knowingly makes or transmits a false report or complaint pursuant
to this chapter shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable
for the actual legal expenses incurred by the respondent against whom the...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into a pretrial diversion program established under this
division, there shall be a written agreement between the district attorney and the offender.
The agreement shall include the terms of the pretrial diversion program, the length of the
program, as practicable as possible, the costs of the program to the offender, and the period
of time after which the district attorney must dispose of the charges against the offender.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge or charges and receives a specific sentence, an agreement concerning when the plea
of guilt will occur, to what charges to which the offender will plead guilty, and any sentence
to be imposed shall be approved by and submitted to an appropriate circuit or district court
judge having jurisdiction over the offender within the judicial circuit prior...
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15-23-17
Section 15-23-17 Assessment of additional costs and penalties; collection and disposition
of additional assessments, etc. (a) In all criminal and quasi-criminal proceedings for the
violation of laws of the state or municipal ordinances which are tried in any court or tribunal
in this state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated
a juvenile delinquent or youthful offender, or wherein a bond is forfeited and the result
of the forfeiture is a final disposition of the case or wherein any penalty is imposed, there
is imposed an additional cost of court in the amount of two dollars ($2) for each traffic
infraction, ten dollars ($10) in each proceeding where the offense constitutes a misdemeanor
and/or a violation of a municipal ordinance other than traffic infractions, and fifteen dollars
($15) in each proceeding where the offense constitutes a felony , but there shall be no additional
costs imposed for violations relating to parking of vehicles. The...
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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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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds,
procedure, etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized
to cancel any driver's license upon determining that the licensee was not entitled to the
issuance thereof or that the licensee failed to give the correct or required information in
his or her application. Upon such cancellation, the licensee must surrender the license so
cancelled. If the licensee refuses to surrender the license, he or she shall be guilty of
a misdemeanor. (b) The privilege of driving a motor vehicle on the highways of this state
given to a nonresident shall be subject to suspension or revocation by the Secretary of the
Alabama State Law Enforcement Agency in like manner and for like cause as a driver's license
issued may be suspended or revoked. (c) The Secretary of the Alabama State Law Enforcement
Agency is further authorized, upon receiving a record of the conviction in this state of 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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15-3-2
Section 15-3-2 Misdemeanors. Unless otherwise provided, the prosecution of all misdemeanors
before a circuit or district court must be commenced within 12 months after the commission
of the offense. (Code 1852, §404; Code 1867, §3952; Code 1876, §4644; Code 1886, §3711;
Code 1896, §5071; Code 1907, §7347; Code 1923, §4931; Code 1940, T. 15, §222.)...
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45-39-81.04
Section 45-39-81.04 Additional court costs - Certain circuit, district, and municipal
court cases. (a) In addition to any court costs or fees now or hereafter authorized in Lauderdale
County, additional court costs shall be charged and collected in each case as provided below
by the clerk of the circuit court and district court of the county or by the clerk of the
Municipal Court of the City of Florence according to one of the following amounts as appropriate:
(1) In all misdemeanor drug or drug paraphernalia cases ...$25 (2) In all felony drug cases
...$50 (3) In all other criminal cases not to include traffic cases ......$25 (b) All amounts
collected, including the amounts collected by the clerk of a court, shall be remitted monthly
to the Chief Accountant of the City of Florence General Fund Accounting Office to be deposited
into the general operating fund of the Lauderdale County Drug Task Force to be used solely
to support drug...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court
shall have exclusive original trial jurisdiction over prosecutions of all offenses defined
by law or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment
has been returned by a grand jury. (b) Felonies. (1) The district court may exercise original
jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions
of offenses defined by law as felonies not punishable by sentence of death. (2) The district
court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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