15-12-20
Section 15-12-20 Matters to be ascertained by trial judges as to representation of defendants
prior to arraignment. In all criminal cases, including paternity cases, and civil and criminal
nonsupport cases which may result in the jailing of the defendant, in any court of this state
created by authority of the Constitution of Alabama of 1901, as amended, when a defendant
is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain
from the accused, or otherwise: (1) Whether or not the defendant has arranged to be represented
by counsel; (2) Whether or not the defendant desires the assistance of counsel; and (3) Whether
or not the defendant is able financially or otherwise to obtain the assistance of counsel
in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108;
Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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12-21-220
Section 12-21-220 Right of defendant to be witness; effect of prosecution's comment on defendant's
failure to testify. On the trial of all indictments, complaints or other criminal proceedings,
the person on trial shall, at his own request, but not otherwise, be a competent witness,
and his failure to make such a request shall not create any presumption against him nor be
the subject of comment by counsel. If the district attorney makes any comment concerning the
defendant's failure to testify, a new trial must be granted on motion filed within 30 days
from entry of the judgment. (Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code
1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)...
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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon receipt
of a petition for appointment of a conservator or other protective order because of minority,
the court shall set a date for hearing. If the court determines at any time in the proceeding
that the interests of the minor are or may be inadequately represented, it may appoint an
attorney to represent the minor, giving consideration to the choice of the minor if 14 or
more years of age. An attorney appointed by the court to represent a minor may be granted
the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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12-22-190
Section 12-22-190 Purpose of division. The Legislature is aware that it has become settled
law that a state may or may not authorize appeals from judgments of convictions in criminal
cases and certain other related proceedings involving the life, liberty or property of a person
convicted of a criminal offense; further, that if a state does provide for appeals in criminal
cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are
without funds and unable to pay the fees of the court reporter for transcribing the evidence
or the fees of the clerk for preparing the record for review on appeal may be denied equal
protection of the law or due process of law. It is the purpose of this division to provide
such defendants or petitioners with a transcript of the evidence, or a part thereof, and a
record for a proper and equal review in certain criminal cases and such other cases wherein
it is made to appear that a convicted defendant is indigent and desires to...
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6-5-153
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings. In case the existence
of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction,
the district attorney shall proceed promptly under this division to enforce the provisions
and penalties thereof, and the finding of the defendant guilty in such criminal proceedings,
unless reversed or set aside, shall be conclusive as against the defendant as to the existence
of the nuisance. The proceeds of the sale of the personal property as provided in Section
6-5-152 shall be applied in payment of the costs of the action and abatement, including the
plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in
this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)...

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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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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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34-3-80
Section 34-3-80 Establishment of procedural rules; procedure generally. The Board of Commissioners
shall establish rules governing procedure in cases involving alleged professional misconduct
of members of the State Bar. The Grievance Committee of the Alabama State Bar or the Grievance
Committee of a circuit, county, or city association, established or approved by the Alabama
State Bar or its Board of Commissioners, shall have the power and authority to investigate
any alleged professional misconduct of a member of the State Bar, whether or not charge or
complaint therefor is made or referred to it, and to report its findings or recommendations
to the Board of Commissioners, or to prefer complaint or charge thereon against the accused
attorney-at-law before the Board of Commissioners for trial thereof, and to prosecute to decision
the complaint or charge before the Board of Commissioners, and the duty is imposed upon the
Board of Commissioners of considering such findings or...
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45-16-81.03
Section 45-16-81.03 Solicitor's fee. (a) In all juvenile cases, traffic, criminal, and quasi-criminal
cases in the juvenile, district, circuit, and municipal courts in Coffee County, a docket
fee, hereinafter referred to as a solicitor's fee, shall be assessed in each case. The fee,
when collected, shall be distributed monthly to the Solicitor's Fund or District Attorney's
Fund in the county or to the fund that may be hereafter prescribed by law for the solicitor's
fee. The solicitor's fee shall be in an amount equal to all docket fees or court costs which
are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair
Trial Tax Fund. (b) The solicitor's fee shall be collected in all criminal cases where the
defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued
any alias or capias warrant of arrest. The solicitor's fee shall be in addition to and not
in lieu of any other fees or costs. The solicitor's fee shall not be...
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