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15-11-15
Section 15-11-15 Court to report when person held on indictment; report when no committals.
(a) When any person is held by a district court to answer an indictment for a public offense,
it is the duty of such court to return to the district attorney immediately after the order
holding or committing such person the affidavit and warrant of arrest, with a transcript of
the docket, a list of the state's witnesses and all costs and all undertakings of bail by
parties or witnesses in the case. (b) When there has been no such committals since the last
session of the circuit court, the district court shall make a report of that fact to the district
attorney. (Code 1852, §473; Code 1867, §4022; Code 1876, §4692; Code 1886, §4298; Code
1896, §5247; Code 1907, §7615; Code 1923, §5248; Code 1940, T. 15, §151.)...
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15-23-42
Section 15-23-42 Confidentiality of communications with victim counselor. (a) A victim, a victim
counselor without the consent of the victim, or a minor or incapacitated victim without the
consent of a custodial guardian or a guardian ad litem appointed upon application of either
party, cannot be compelled to give testimony or to produce records concerning confidential
communications for any purpose in any criminal proceeding. (b) A victim counselor or a victim
cannot be compelled to provide testimony in any civil or criminal proceeding that would identify
the name, address, location, or telephone number of a safe house, abuse shelter, or other
facility that provided temporary emergency shelter to the victim of the offense or transaction
that is the subject of the proceeding unless the facility is a party to the proceeding. (c)
The confidential communication privilege of a victim counselor with respect to communications
made between the counselor and the victim shall terminate upon the...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged
with a felony offense, except a violent offense as defined in Section 12-25-32, 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)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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15-14-51
Section 15-14-51 Legislative findings; purpose of article. (a) The Legislature hereby finds
and determines that it is essential to the fair and impartial administration of justice that
a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or
hearing or any portion thereof conducted by any court which in any way pertains to such offense.
(b) Further, the Legislature hereby finds and determines that it is essential to the fair
and impartial administration of justice that a victim of a criminal offense not be excluded
from any hearing or trial or any portion thereof conducted by any court which in any way pertains
to such offense, merely because the victim has been or may be subpoenaed to testify at such
hearing or trial or because of any arbitrary or invidious reason. (c) The provisions of this
article are to be construed so as to accomplish these purposes and to promote the same which
are hereby declared to be the public policy of this state. (Acts...
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15-23-69
Section 15-23-69 Testimony concerning information about victim; information about victim in
court file. (a) Based upon the reasonable apprehension of the victim of acts or threats of
physical violence or intimidation by the defendant, the family of the defendant, or by anyone
at the direction of the defendant, against the victim or the immediate family of the victim,
the prosecutor may petition the court to direct that the victim or any other witness not be
compelled to testify during pre-trial proceedings or to any trial, facts that could divulge
the identity, residence, or place of employment of the victim, or other related information
without consent of the victim unless necessary to the prosecution of the criminal proceeding.
If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(b) The address, phone number, place of employment, and other related information about the
victim contained in the court file shall not be public record. (Acts 1995,...
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15-24-2
Section 15-24-2 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) COURT. The court having jurisdiction
over the offense charged. (2) DEFENDANT. Any person accused of a criminal offense against
state laws. (3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general
intellectual functioning resulting in or associated with concurrent impairments in adaptive
behavior and manifested during the developmental period, as measured by appropriate standardized
testing instruments. (Acts 1985, No. 85-652, p. 1020, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-24-2.htm - 950 bytes - Match Info - Similar pages
12-22-190
Section 12-22-190 Purpose of division. The Legislature is aware that it has become settled
law that a state may or may not authorize appeals from judgments of convictions in criminal
cases and certain other related proceedings involving the life, liberty or property of a person
convicted of a criminal offense; further, that if a state does provide for appeals in criminal
cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are
without funds and unable to pay the fees of the court reporter for transcribing the evidence
or the fees of the clerk for preparing the record for review on appeal may be denied equal
protection of the law or due process of law. It is the purpose of this division to provide
such defendants or petitioners with a transcript of the evidence, or a part thereof, and a
record for a proper and equal review in certain criminal cases and such other cases wherein
it is made to appear that a convicted defendant is indigent and desires to...
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26-2B-105
Section 26-2B-105 Cooperation between courts. (a) In a guardianship or protective proceeding
in this state, a court of this state may request the appropriate court of another state to
do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state
to produce evidence or give testimony pursuant to procedures of that state. (3) Order that
an evaluation or assessment be made of the respondent. (4) Order any appropriate investigation
of a person involved in a proceeding. (5) Forward to the court of this state a certified copy
of the transcript or other record of a hearing under paragraph (1) or any other proceeding,
any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared
in compliance with an order under paragraph (3) or (4). (6) Issue any order necessary to assure
the appearance in the proceeding of a person whose presence is necessary for the court to
make a determination, including the respondent or the incapacitated or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-105.htm - 1K - Match Info - Similar pages
12-17-225.2
Section 12-17-225.2 Court or clerk of court to notify district attorney when payments to state
or victim are in default. The court or the clerk of the court shall notify the district attorney
in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims'
restitution, or victims' compensation assessments or like payments in any civil or criminal
proceeding ordered by the court to be paid to the state or to crime victims have not been
paid or are in default and the default has not been vacated. Upon written notification to
the district attorney, the restitution recovery division of the office of the district attorney
may collect or enforce the collection of any funds that have not been paid or that are in
default which, under the direction of the district attorney, are appropriate to be processed.
In no event shall a court or court clerk notify the district attorney in less than 90 days
from the date the payments are due to be paid in full. (Acts 1995,...
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