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15-23-75
Section 15-23-75 Right to information concerning defendant's sentence, request for notice,
post-conviction review, etc. The victim has the right to the following information: (1) As
soon as practicable, after the date of sentencing, the office of the prosecuting attorney
shall notify the victim of the sentence imposed on the defendant. (2) The names, addresses,
and telephone numbers of the appropriate agencies and departments to whom request for notice
should be provided. (3) The status of any post-conviction court review or appellate proceeding
or any decisions arising from those proceedings shall be furnished to the victim by the Office
of the Attorney General or the office of the district attorney, whichever is appropriate,
immediately after the status is known. (4) If the terms and conditions of a post-arrest release
include a requirement that the accused post a bond, the sheriff or municipal jailer shall,
upon request, notify the victim of the release on bond of the defendant. (5)...
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15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal
offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition
in the criminal division of the circuit court in the county in which the charges were filed,
to expunge records relating to the charge in any of the following circumstances: (1) When
the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand
jury. (3) When the person has been found not guilty of the charge. (4) When the charge was
dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
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18-1A-51
Section 18-1A-51 Court order permitting entry. (a) If reasonable efforts to accomplish a lawful
entry or to perform authorized activities upon real property under Section 18-1A-50 have been
obstructed or denied or would be futile, the condemnor may apply to the circuit court in the
county where the property or any part is located for an order permitting entry. (b) Unless
after notice good cause to the contrary is shown, the circuit court shall make its order permitting
and describing the purpose of the entry and setting forth the nature and scope of activities
the circuit court determines are reasonably necessary and authorized to be made upon the property.
In addition to requiring a deposit under Section 18-1A-52, the order may include terms and
conditions with respect to the time, place, and manner of entry and authorized activities
upon the property which will facilitate the purpose of the entry and minimize damage, hardship,
and burden. (Acts 1985, No. 85-548, p. 802, ยง302.)...
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38-9F-3
Section 38-9F-3 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191. (2) ELDER ABUSE.
The commission of any of the following acts or the intent to commit any of the following acts
against an elderly person: a. Abuse, as defined in Section 38-9-2. b. Arson, as defined in
Sections 13A-7-40 to 13A-7-43, inclusive. c. Assault, as defined in Sections 13A-6-20 to 13A-6-22,
inclusive. d. Criminal coercion, as defined in Section 13A-6-25. e. Criminal trespass as defined
in Sections 13A-7-2 to 13A-7-4.1, inclusive. f. Emotional abuse, as defined in Section 13A-6-191.
g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171. h. Harassment, as
defined in Section 13A-11-8. i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.
j. Menacing, as defined in Section 13A-6-23. k. Reckless endangerment, as defined in Section
13A-6-24. l. Sexual abuse, as defined as any of the acts in...
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45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention program
shall: (1) Waive, in writing, and contingent upon the successful completion of the program,
his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program,
of periods of limitations established by statute or rules of court. (3) Agree, in writing,
to the conditions of the Pre-Trial Intervention Program established by the district attorney.
(4) Provide a statement as to the involvement in the crime charged which shall be admissible
in any criminal trial. (5) If there is a victim of the crime, agree in writing to a restitution
agreement within a specified period of time and in an amount to be determined by the district
attorney taking into account all circumstances of the offender and victim. (b) Pre-Trial Intervention
Program records or records related to Pre-Trial Intervention Program admission, except for
the statement of the applicant concerning his or her...
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18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for substantial
interference with its possession or use, found likely to be caused by the entry and activities
authorized by the order, and shall require the condemnor other than the state to enter into
bond in double the amount of such preliminary assessment, with good and sufficient sureties,
to pay such damages as the property owner or other person in lawful possession or physical
occupancy of the property may sustain. The bond must be given before entry is made. (b) Unless
sooner disbursed by agreement or court order, the amount of the bond sufficient to cover the
damages sustained shall be paid to those determined by the circuit...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged with any of
the following offenses may apply for the program: (1) Any traffic offense. (2) A property
offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An
offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than one specifically
excluded in this section. (c) The following offenses are ineligible for consideration for
the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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13A-5-43
Section 13A-5-43 Trial of capital offenses; discharge of defendant; lesser included offenses;
sentencing. (a) In the trial of a capital offense the jury shall first hear all the admissible
evidence offered on the charge or charges against the defendant. It shall then determine whether
the defendant is guilty of the capital offense or offenses with which he is charged or of
any lesser included offense or offenses considered pursuant to Section 13A-5-41. (b) If the
defendant is found not guilty of the capital offense or offenses with which he is charged,
and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41,
the defendant shall be discharged. (c) If the defendant is found not guilty of the capital
offense or offenses with which he is charged, and is found guilty of a lesser included offense
or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed
as provided by law. (d) If the defendant is found guilty of a...
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15-27-3
Section 15-27-3 Submission of sworn statement and records; service. (a) A petition filed under
this chapter shall include a sworn statement made by the person seeking expungement under
the penalty of perjury stating that the person has satisfied the requirements set out in this
chapter and whether he or she has previously applied for an expungement in any jurisdiction
and whether an expungement has been previously granted. (b) The petitioner shall include a
certified record of arrest, disposition, or the case action summary from the appropriate agency
for the court record the petitioner seeks to have expunged as well as a certified official
criminal record obtained from the Alabama Criminal Justice Information Center. In addition
to setting forth grounds for the court to consider, the petitioner shall specify what criminal
charges from the record are to be considered, further specify the agency or department that
made the arrest and any agency or department where the petitioner was...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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