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12-25-34.2
Section 12-25-34.2 Presumptive sentencing standards. (a) For the purposes of this section,
the following words shall have the following meanings: (1) AGGRAVATING FACTORS. Substantial
and compelling reasons justifying an exceptional sentence whereby the sentencing court may
impose a departure sentence above the presumptive sentence recommendation for an offense.
Aggravating factors may result in dispositional or sentence range departures, or both, and
shall be stated on the record by the court. (2) DEPARTURE. A sentence which departs from the
presumptive sentence recommendation for an offender. (3) DISPOSITION. The part of the sentencing
courts presumptive sentence recommendation other than sentence length. (4) DISPOSITIONAL DEPARTURE.
A sentence which departs from the presumptive sentence recommendation for disposition of sentence.
(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence
whereby the sentencing court may impose a departure sentence...
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13A-12-232
Section 13A-12-232 Sentence not to be suspended, deferred, etc., prior to mandatory minimum
term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc.,
of accessories, principals, etc. (a) Notwithstanding the provisions of Chapter 22, Title 15,
or any other provision of law, with respect to any person who is found to have violated Section
13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred,
or withheld, nor shall such person be eligible for any type of parole, probation, work release,
supervised intensive restitution program, release because of deduction from sentence for good
behavior under corrections incentive time act or any other program, furlough, pass, leave,
or any other type of early, conditional, or temporary release program, nor shall such person
be permitted to leave the penitentiary for any reason whatsoever except for necessary court
appearances and for necessary medical treatment, prior to serving...
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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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-8.htm - 7K - Match Info - Similar pages
15-27-3
Section 15-27-3 Submission of sworn statement and records; service. (a) A petition filed under
this chapter shall include a sworn statement made by the person seeking expungement under
the penalty of perjury stating that the person has satisfied the requirements set out in this
chapter and whether he or she has previously applied for an expungement in any jurisdiction
and whether an expungement has been previously granted. (b) The petitioner shall include a
certified record of arrest, disposition, or the case action summary from the appropriate agency
for the court record the petitioner seeks to have expunged as well as a certified official
criminal record obtained from the Alabama Criminal Justice Information Center. In addition
to setting forth grounds for the court to consider, the petitioner shall specify what criminal
charges from the record are to be considered, further specify the agency or department that
made the arrest and any agency or department where the petitioner was...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-3.htm - 2K - Match Info - Similar pages
31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-32.htm - 4K - Match Info - Similar pages
43-2-236
Section 43-2-236 Revocation of letters upon proof that supposed decedent is alive - Substitution
of parties; reopening judgments. After revocation of the letters, the person erroneously supposed
to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff
in all actions brought by the administrator, whether prosecuted to judgment or otherwise.
He may in all actions previously brought against his administrator be substituted as defendant
on proper suggestion filed by him, or by the plaintiff therein, but shall not be compelled
to go to trial in less than three months from the time of such suggestion filed. Judgments
recovered against the administrator before revocation, as aforesaid, of the letters may be
reopened on application by the supposed decedent made within three months from the said revocation
and supported by affidavit denying specifically on the knowledge of the affiant the cause
of action or specifically alleging the existence of facts which...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-236.htm - 1K - Match Info - Similar pages
45-45-80
Section 45-45-80 Administrative fees. (a) The Madison County Work Release and Pre-Trial Release
Commission may establish administrative fees to fund alternative sentencing programs, educational
programs, intervention programs, treatment programs, and other programs to serve the courts
of the Twenty-third Judicial Circuit, and may collect the fees from any person ordered by
the courts to complete an alternative sentencing program, or other program administered by
the commission. (b) The commission shall have sole authority to establish administrative fees
to fund the programs that serve the courts of the Twenty-third Judicial Circuit. (c) Any person
who, upon court order, enrolls in any educational program, intervention program, or treatment
program, administered by the commission shall at the time of enrollment be notified of any
fees associated with the program, and shall be notified of the location and cost of any equivalent
program offered in their home county. Any program that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-80.htm - 2K - Match Info - Similar pages
12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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11-51-191
Section 11-51-191 Determination of amounts due; preliminary and final assessments; review;
appeal; refund for overpayment. (a) If the taxing jurisdiction determines that the amount
of any business license tax reported on or remitted with a business license remittance form
is incorrect, if no business license remittance form is filed within the time prescribed,
or if the information provided on the form is insufficient to allow the taxing jurisdiction
to determine the proper amount of business license tax due, the taxing jurisdiction may calculate
the correct amount of the tax based on the most accurate and complete information reasonably
obtainable. The taxing jurisdiction may thereafter enter a preliminary assessment for the
correct amount of business license tax, including any applicable penalty and interest. Nothing
contained herein shall limit or restrict a municipality's right to seek injunctive relief
under Section 11-51-150, et seq. (b) If the amount of business license tax...
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