15-21-27
Section 15-21-27 Penalty - Unlawful detention or arrest after discharge order; civil action
for damages. Any officer or other person who has the custody of a party produced on habeas
corpus and who detains him after an order of the court or judge for his discharge or enlargement
or afterwards arrests him without a legal and proper cause, warrant or other process shall
be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible
in a civil action for any damages the party may have sustained. (Code 1852, §738; Code 1867,
§4289; Code 1876, §4965; Code 1886, §4788; Code 1896, §4841; Code 1907, §7036; Code 1923,
§4335; Code 1940, T. 15, §31.)...
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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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31-2A-10
Section 31-2A-10 (Article 10.) Restraint of persons charged with offenses. Any person subject
to this code charged with an offense under this code may be ordered into arrest or confinement,
as circumstances may require. When any person subject to this code is placed in arrest or
confinement prior to trial, immediate steps shall be taken to inform the person of the specific
wrong of which the person is accused and diligent steps shall be taken to try the person or
to dismiss the charges and release the person. (Act 2012-334, p. 790, §1.)...
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8-6-22
Section 8-6-22 Duties of director; director empowered to swear out warrants of arrest; liability
of director for warrant. The Director of the Securities Commission shall keep the records
of the commission and generally perform such duties as the commission may direct. When ordered
by the commission, he shall be authorized and empowered to swear out warrants of arrest against
any person violating the criminal provisions of this article. He shall not be liable in damages
or to an action for damages by reason of swearing out such warrant or warrants or for causing
the arrest, detention, or imprisonment of any person or persons under such warrant or warrants.
(Acts 1959, No. 542, p. 1318, §20; Acts 1990, No. 90-527, p. 772, §1.)...
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13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic violence
in the third degree if the person commits the crime of assault in the third degree pursuant
to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section
13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime
of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications
pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third
degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third
degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree
pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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15-9-60
Section 15-9-60 Warrant for fugitives from Alabama. Whenever the Governor of this state shall
demand a person charged with crime in this state from the chief executive of any other state
or of the District of Columbia, he shall issue a warrant under the seal of this state to some
agent, commanding him to receive the person so charged if delivered to him and convey him
to the proper officer of the county in this state in which the offense was committed. (Acts
1931, No. 482, p. 559; Code 1940, T. 15, §70.)...
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15-9-61
Section 15-9-61 Application by district attorney to Governor for requisition; filing and forwarding
of papers and requisition. (a) When the return to this state of a person charged with crime
in this state is required, the district attorney of the county in which the offense is committed
shall present to the Governor his written application for a requisition for the return of
the person charged, in which application shall be stated the name of the person charged, the
crime charged against him, the approximate time, place and circumstances of its committal,
the state in which he is believed to be, including the location of the accused therein at
the time the application is made, and certification that, in the opinion of the said district
attorney, the ends of justice require the arrest and return of the accused to this state for
trial and that the proceeding is not instituted to enforce a private claim. (b) The application
shall be verified by affidavit, shall be executed in duplicate...
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2-2-14.1
Section 2-2-14.1 Appearance upon arrest for misdemeanor livestock violations. (a) Whenever
any person is arrested by livestock theft investigators of the Alabama Department of Agriculture
and Industries under Section 2-2-14 for misdemeanor violations of livestock sanitary and disease
control laws and regulations, or any other laws and regulations governing the handling, movement,
or sale of livestock, all punishable as a misdemeanor, the arresting officer shall take the
name and address of such person and issue a summons or otherwise notify him in writing to
appear at a time and place to be specified in such summons or notice. Upon the person signing
said summons or notice, the officer shall forthwith release him from custody. (b) If the arrested
person shall refuse to identify himself by giving his name and address, or shall refuse to
sign the summons or notice, then the arresting officer shall immediately take such person
before the nearest and most accessible district judge or...
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22-11A-26
Section 22-11A-26 Commitment petition - Probate judge may take sworn testimony of petitioner;
petition without merit to be dismissed. When any petition is filed, seeking to commit any
person to the custody of the Alabama Department of Public Health, the probate judge shall
immediately review the petition and may require the petitioner to be sworn in and to answer,
under oath, questions regarding the petition and the person sought to be committed. If it
appears from the face of the petition or the testimony of the petitioner that the petition
is totally without merit, the probate judge may order the petition dismissed without further
proceedings. (Acts 1987, No. 87-574, p. 904, §26.)...
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