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45-35-232.28
Section 45-35-232.28 Failure to appear. (a) A person released pursuant to this subpart who
willfully fails to appear before any court or judicial officer as required, shall incur a
forfeiture of any security given or pledged for release and, in addition, shall be guilty
of a Class B misdemeanor, punishable as provided by the Alabama Criminal Code. (b) Failure
to appear after notice of an appearance shall be prima facie evidence that the failure to
appear was willful. Whether the person was warned when released of the penalties for failure
to appear, shall be a factor in determining whether the failure to appear was willful. The
district attorney, or an assistant district attorney, or any other person responsible for
administering this subpart, shall initiate prosecution for violation of this subsection by
making an affidavit for a warrant to be issued by any officer authorized to issue warrants.
The person who fails to appear shall be arrested and shall be brought before a judicial...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision
of the district attorney to admit the offender into the pretrial diversion program, but prior
to entry, the district attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, the following: (1) A voluntary waiver of the offender's right to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statute or rules of court. (3) An agreement to the conditions of the program
established by the district attorney. (4) If there is a victim of the charged crime, an agreement
to a restitution repayment within a specified period of time and in an amount to be determined
by the district attorney taking into account circumstances of the offender and the victim.
(5) A waiver in writing of the offender's right to a jury...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.46.htm - 5K - Match Info - Similar pages
13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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15-13-114
Section 15-13-114 Obligation of sureties continues during trial. The obligation of the sureties
continues throughout every stage of trial, from the time the defendant is entered thereon
until the rendition of the verdict by the jury or judge. The finding of the defendant guilty
by a jury or judge discharges the sureties. The obligation of the sureties are also discharged
when the judge takes any of the following actions: (1) Sentences the defendant. (2) Grants
the prosecutor's motion to nol pros the case. (3) Dismisses the case. (4) Issuance of any
order to the defendant to attend driving-under-the-influence school, mental health counseling,
or any similar order of which the court would only have had the authority to do so, if there
had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of any order of restitution. (6) Announcement or order of sentence prior to any
probation determination. (Acts 1993, No. 93-677, p. 1259, ยง15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-114.htm - 1K - Match Info - Similar pages
15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining whether
to apply notification requirements to a juvenile sex offender, the sentencing court shall
consider any of the following factors relevant to the risk of re-offense: (1) Conditions of
release that minimize the risk of re-offense, including, but not limited to, whether the juvenile
sex offender is under supervision of probation, parole, or aftercare; receiving counseling,
therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to,
advanced age or debilitating illness. (3) Criminal history factors indicative of high risk
of re-offense, including whether the conduct of the juvenile sex offender was found to be
characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric
profiles indicate a risk of recidivism. (5) The relationship between the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-27.htm - 4K - Match Info - Similar pages
32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol
or controlled substances. (a) A person shall not operate or be in actual physical control
of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under any
condition in which a person would be guilty of driving under the influence of alcohol or drugs
pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b)
In the case of a vessel or other marine device described in subsection (a), where a law enforcement
officer has probable cause to believe that the operator of the vessel or other marine device
is operating in violation of this section, the law enforcement officer is authorized to administer
and may test the operator, at the scene, by using a field breathalyzer or other approved device,
as a screening device, to determine if the operator...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.3.htm - 4K - Match Info - Similar pages
34-28A-26
Section 34-28A-26 Suspension or revocation of licenses or issuance of reprimands to licensees;
appeals; restoration of licenses revoked, reduction of suspensions, etc. (a) The license of
any licensee under this chapter may be suspended or revoked, or a reprimand may be issued
by the board, upon a finding of the board that the licensee has committed any of, but not
limited to, the following acts: (1) Has been convicted of a felony in any court of the United
States, if the acts for which the person is convicted are found by the board to have a direct
bearing on whether the individual should be entrusted to serve the public as a speech-language
pathologist or audiologist. (2) Has been guilty of fraud or deceit in connection with his
or her services rendered as a speech-language pathologist or audiologist. (3) Has aided or
abetted a person, not a licensed speech-language pathologist or audiologist, in illegally
representing himself or herself as a speech-language pathologist or audiologist...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-28A-26.htm - 4K - Match Info - Similar pages
45-18-81.22
Section 45-18-81.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the Circuit or District Court of the
Thirty-fifth Judicial Circuit may apply to the District Attorney of the Thirty-fifth Judicial
Circuit for admittance to the pretrial diversion program. A person charged with any of the
following offenses may apply for the program: (1) A traffic offense. (2) A property offense.
(3) An offense in which 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. (b) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-18-81.22.htm - 1K - Match Info - Similar pages
45-31-84.07
Section 45-31-84.07 Written agreement; other terms and conditions. (a) Following the decision
of the city attorney to admit the offender into the pretrial diversion program, but prior
to entry, the city attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender
to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city attorney. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city attorney taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.07.htm - 5K - Match Info - Similar pages
45-34-82.02
Section 45-34-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the Circuit or District Court of the
Twentieth Judicial Circuit may apply to the District Attorney of the Twentieth 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) A traffic offense, other than driving under the influence
(DUI) or a traffic offense charged to a commercial driver license holder, whether or not the
holder was operating a commercial motor vehicle at the time of the 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. (6) A violation classified under this...
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