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15-19-5
Section 15-19-5 Inadmissibility of examination and investigation statements, admissions
and confessions; consideration of statements, etc., at time of sentencing. No statement, admission
or confession made by a defendant to the court or to any officer thereof during the examination
and investigation referred to in Section 15-19-1 shall be admissible as evidence against
him or his interest; provided, however, that the court may take such statement, admission
or confession into consideration at the time of sentencing after the defendant has been found
guilty of a crime or adjudged a youthful offender. (Acts 1971, 3rd Ex. Sess., No. 335, p.
4622, ยง3.)...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a)
Any person who: (1) Sells or offers to sell a security in violation of any provision of this
article or of any rule or order imposed under this article or of any condition imposed under
this article, or (2) Sells or offers to sell a security by means of any untrue statement of
a material fact or any omission to state a material fact necessary in order to make the statements
made, in the light of the circumstances under which they are made, not misleading, the buyer
not knowing of the untruth or omission, and who does not sustain the burden of proof that
he did not know and in the exercise of reasonable care could not have known of the untruth
or omission, is liable to the person buying the security from him who may bring an action
to recover the consideration paid for the security, together with interest at six percent
per year from the date of payment, court costs and reasonable attorneys' fees,...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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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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27-2-27
Section 27-2-27 Witnesses and evidence for examination, investigation, or hearing -
Compelling testimony or production of documents, etc.; immunity from prosecution. (a) If any
individual asks to be excused from attending or testifying or from producing any books, papers,
records, contracts, correspondence, or other documents in connection with any examination,
hearing, or investigation being conducted by the commissioner or his examiner on the ground
that the testimony or evidence required of him may tend to incriminate him or subject him
to a penalty or forfeiture and shall, by the Attorney General, be directed to give such testimony
or produce such evidence, he must nonetheless comply with such direction; but he shall not
thereafter be prosecuted or subjected to any penalty or forfeiture for, or on account of,
any transaction, matter or thing concerning which he may have so testified or produced evidence,
and no testimony so given or evidence produced shall be received against him...
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27-2-24
Section 27-2-24 Examinations - Report; confidentiality of information. (a) The commissioner,
or his or her examiner, shall make a full and true written report of each examination. The
examination report shall contain only information obtained from examination of the books,
records, accounts, files, or other documents of, or relative to, the person examined, its
agents or other persons examined, or as ascertained from the testimony of its officers or
agents or other persons examined concerning its affairs, together with conclusions and recommendations
as the examiners find reasonable warranted from the facts. (b) No later than 60 days following
completion of the examination, the examiner in charge shall file with the department a verified
written report of examination under oath. Upon receipt of the verified report, the department
shall transmit the report to the company examined, together with a notice that the company
examined may make a written submission or rebuttal with respect to...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness
unavailable because of exceptional circumstances. (a) In any criminal prosecution, the court
may, upon motion of the district attorney, the defense, or the court, for good cause shown
and after notice to the parties, order the taking of a deposition or a videotaped deposition
of a victim or a witness when the victim or witness is or may be unavailable for trial for
medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped
deposition of the victim or witness, the court shall consider the age of the victim or witness,
the potential unavailability of the victim or witness for trial, the nature of the offense,
the nature of testimony that may be expected, and the possible effect that testimony in person
at trial may have on the victim or witness, along with any other relevant matters that may
be required by Supreme Court rule. During the taking of a deposition or...
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12-21-3.1
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition
of criminal matters. (a) Neither law enforcement investigative reports nor the testimony of
a law enforcement officer may be subject to a civil or administrative subpoena except as provided
in subsection (c). (b) Law enforcement investigative reports and related investigative material
are not public records. Law enforcement investigative reports, records, field notes, witness
statements, and other investigative writings or recordings are privileged communications protected
from disclosure. (c) Under no circumstance may a party to a civil or administrative proceeding
discover material which is not authorized discoverable by a defendant in a criminal matter.
Noncriminal parties may upon proper motion and order from a court of record: Secure photographs,
documents and tangible evidence for examination and copying only by order of a court imposing
such conditions and qualifications as may be...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain
license; damages for deliberate violation or reckless disregard; written notice of violations;
oral statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging
a finance charge in excess of the amount authorized herein, except as specified in subdivision
(2), shall forfeit debtor's actual economic damages not to exceed the finance charge, and
shall refund to the debtor such amount of the actual economic damages, which may be done by
reducing the amount of the debtor's obligation. If the debtor is entitled to a refund and
the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written
demand, including the filing of a legal action, the debtor shall recover a penalty of five
times the amount of the actual economic damages not to exceed the finance charge, but in any
event not less than one hundred dollars ($100). Provided, however, as to any...
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