45-9-82.25
Section 45-9-82.25 Program requirements. (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 periods of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) 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) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.25.htm - 1K - Match Info - Similar pages
13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures; hearing; forfeiture action; action for money judgment. (a) The following property is subject to forfeiture: (1) All obscene material and material which is harmful to minors used, intended to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable instruments, and funds used, intended to be used, or obtained in any violation of the provisions of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained under this section shall not be subject to replevin but is deemed to be in the custody of the state, county or municipal law enforcement agency subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this division, the state, county or municipal law...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-200.8.htm - 7K - Match Info - Similar pages
13A-8-200
Section 13A-8-200 Block on false information in credit reports. (a) As used in this section, the following words shall have the following meanings: (1) CONSUMER CREDIT REPORT. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended. (2) CONSUMER REPORTING AGENCY. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended. (3) PERSON. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. (b)(1) If a consumer submits to a consumer reporting agency a court order as described in Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ reasonable procedures to block reporting any information in the consumer's credit report identified in the court order that is the result of a criminal violation of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-200.htm - 2K - Match Info - Similar pages
45-36-232.30
Section 45-36-232.30 Revocation of release - Violation of condition of release. a) A person who has been conditionally released pursuant to Section 45-36-232.28 and who has violated a condition of release, shall be subject to revocation of release and, in addition, may be prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible for administering this subpart, to the district attorney. A warrant for the arrest of a person charged with violating a condition of release may be issued by an officer authorized to issue warrants, on the affidavit of the district attorney or any assistant district attorney, or on the affidavit of any person responsible for administering this subpart. The person arrested under such a warrant shall be brought before a judicial officer in the county. No order of revocation shall be entered unless, after hearing, the judicial officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-36-232.30.htm - 1K - Match Info - Similar pages
45-45-233.30
Section 45-45-233.30 Revocation of release - Violation of condition of release. (a) A person who has been conditionally released pursuant to Section 45-45-233.28 and who has violated a condition of release, shall be subject to revocation of release and, in addition, may be prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible for administering this subpart, to the district attorney. A warrant for the arrest of a person charged with violating a condition of release may be issued by an officer authorized to issue warrants, on the affidavit of the district attorney or any assistant district attorney, or on the affidavit of any person responsible for administering this subpart. The person arrested under such a warrant shall be brought before a judicial officer in the county. No order of revocation shall be entered unless, after hearing, the judicial officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-233.30.htm - 1K - Match Info - Similar pages
45-49-235.10
Section 45-49-235.10 Revocation of release - Violations of conditions. (a) A person who has been conditionally released pursuant to this part and who has violated a condition of release, shall be subject to revocation of the release and, in addition, may be prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated upon notice to the district attorney by the warrant magistrate, assistant warrant magistrate, or any other person responsible for administering this part. A warrant for the arrest of a person charged with violating a condition of release may be issued by an officer authorized to issue warrants, upon the affidavit of the district attorney or any assistant district attorney, or upon the affidavit of any person responsible for administering this part. The person arrested under such a warrant shall be brought before a judicial officer. No order of revocation shall be entered unless, after the hearing, the judicial officer finds that there is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-235.10.htm - 1K - Match Info - Similar pages
13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. (2) For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-131.htm - 2K - Match Info - Similar pages
26-23B-8
Section 26-23B-8 Preservation of anonymity. In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23B-8.htm - 1K - Match Info - Similar pages
26-23G-8
Section 26-23G-8 Anonymity of certain individuals in court proceedings. In every civil, criminal, or administrative proceeding or action brought under this chapter, the court shall rule whether the identity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23G-8.htm - 1K - Match Info - Similar pages
45-1-82.09
Section 45-1-82.09 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program, 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, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the recommended sentence the offender is suggested to receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and to be subjected to receive a recommended specific sentence, this agreement concerning the offense and suggested or recommended sentence, or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate circuit or district judge of this state prior to admission of the offender...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.09.htm - 3K - Match Info - Similar pages
|