6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees; periodic payments over period of years; specific findings; evidence of financial ability to make payments; evidence of present value inadmissible. Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case: (1) Judgment shall be entered against the defendant for all past damages and punitive damages assessed against the defendant by the trier of fact. (2) If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages. (3) If the award of future damages assessed by the trier of fact is greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall be entered against the defendant for $150,000 of such future damage. b. If,...
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8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief; appointment of receivers or conservators for defendants or defendants' assets; court ordered rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities Commission that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or any rule or order hereunder, it may, in its discretion, do either or both of the following: (a) Issue a cease and desist order, with or without a prior hearing, against the person or persons engaged in the prohibited activities, directing them to cease and desist from engaging in the act or practice. (b) Bring an action in its discretion in any court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this article or any rule or order issued hereunder. Upon a proper showing, a permanent injunction, temporary restraining order, or...
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27-12A-9
Section 27-12A-9 Administrative cease and desist authority. Whenever it appears to the commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the commissioner may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease and desist order, with or without a prior hearing, against the person or persons engaged in the prohibited activities, directing them to cease and desist from engaging in the act or practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this chapter or any rule or order issued hereunder. Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. In addition, upon a proper showing by the commissioner,...
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45-27A-30.05
Section 45-27A-30.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily 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 the periods of limitation established by relevant statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the prosecutor for the offender. (4) Agree, in writing, to pay restitution, if any, due to the victim within a specified period of time and in an amount to be determined by the municipal court taking into account circumstances of the offender and victim. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of the municipal court. (5) Provide a statement, written and signed by the offender, to the municipal prosecutor...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty at law, when there is reason to believe that any person is violating or is about to violate this part, the Houston County Commission may initiate a civil action in the Circuit Court of Houston County in the name of the county against the person for preliminary and permanent injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure shall apply to the extent that the rules are not inconsistent with this part except that no temporary restraining order shall be issued pursuant to this section. No bond shall be required of the county or county commission bringing the action and the official, the county commission, and the officers, agents, and employees of the county commission shall not be liable for costs or damages, other than court costs, by reason of injunctive orders not being granted or where judgment is entered in favor of the defendant by the trial or an...
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13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (5), if the person reasonably believes that another person is: (1) Using or about to use unlawful deadly physical force. (2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any...
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13A-8-199
Section 13A-8-199 Civil action for violation of chapter. (a) In addition to any other remedies provided by law, a victim who has suffered loss as a result of a criminal violation of this article may bring an action in his or her county of residence or any county in which any part of the crime took place, regardless of whether the defendant who committed the criminal violation was ever actually present in that county, against the defendant to recover the following: (1) Five thousand dollars ($5,000) for each incident, or three times the actual damages, whichever is greater. (2) Reasonable attorney's fees and court costs. (b) The statute of limitations for cases under this section shall be seven years from the earlier of the date of discovery of the offense or the date when the offense reasonably should have been discovered. (Act 2001-312, p. 399, §10; Act 2006-148, p. 218, §1.)...
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41-9-645
Section 41-9-645 Purging, modification, or supplementation of criminal records - Applications by individuals; appeals; costs. (a) If an individual believes information is inaccurate or incomplete, he or she may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify SBI of the changes. (b) If the agency declines to act or if the individual believes the agency's decision is unsatisfactory, the individual or his or her attorney, within 30 days of the decision and with notice to the agency, may enter an appeal to the circuit court of the county of his or her residence or to the circuit court in the county where the agency exists. The court in each case shall conduct a de novo hearing and may order relief as it finds to be required by law. Appeals shall be entered in the same manner as appeals are entered from the court of probate; except, that the appellant shall not be required to post bond nor pay the costs in...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances: (1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer. (2) When a felony has been committed, though not in the presence of the officer, by the person arrested. (3) When a felony has been committed and the officer has probable cause to believe that the person arrested committed the felony. (4) When the officer has probable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed. (5) When a charge has been made, upon probable cause, that the person arrested has committed a felony. (6) When the officer has actual knowledge that a warrant for the person's arrest for the commission of a felony or misdemeanor has been issued, provided the warrant was...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less in any court having jurisdiction to try offenses against the State of Alabama and the judge presiding over the case is satisfied that the ends of justice and the best interests of the public as well as the defendant will be served thereby, he or she may order: (1) That a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for such period and upon such terms as the court...
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