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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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13A-10-15
Section 13A-10-15 Terrorist threats. (a) A person commits the crime of making a terrorist threat
when he or she credibly, based on an objective evaluation, threatens to commit a crime of
violence against a person or to damage any property by use of a bomb, explosive, weapon of
mass destruction, firearm, deadly weapon, or other mechanism and any of the following: (1)
The threat causes the evacuation of any real property, as defined under this section. (2)
The threat causes the disruption of school, church, or government activity. (3) The threat
is with intent to retaliate against the victim because of his or her involvement or participation
as any of the following: a. A witness or party in any judicial or administrative proceeding.
b. A person who produced records, documents, or other objects in a judicial or administrative
proceeding. c. A person who provided to a law enforcement officer, adult or juvenile probation
officer, prosecuting attorney, or judge any information relating to...
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13A-6-181
Section 13A-6-181 Fines; counseling or educational training programs; pretrial diversion program.
(a)(1) Notwithstanding any other fines, restitution, court costs, or docket fees, upon conviction
for the offense of promoting prostitution under Division 1 of Article 3 of Chapter 12, or
a violation of subsection (b) or (d) of Section 13A-12-121, a mandatory fine of five hundred
dollars ($500) shall be assessed. The court shall order the five hundred dollar ($500) fine
to be paid to the clerk of court to be distributed to a court-certified therapeutic counseling
entity that provides education, treatment, and prevention counseling to adult persons convicted
of prostitution offenses. (2) Any fine imposed by the court for a second or subsequent conviction
under subdivision (1) shall increase by 50 percent for each subsequent conviction through
a fourth conviction. (b) A court may order an adult person convicted of an offense under Division
1 of Article 3 of Chapter 12 or subsection (b) or...
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45-36-232.31
Section 45-36-232.31 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to Section 45-36-232.28 and as to whom
there is probable cause to believe he or she has committed a felony or misdemeanor while released,
shall be subject to revocation of release. (b) Proceedings for revocation of release for the
ground in this provision, may be initiated by any person responsible for administering this
subpart giving notice to the district attorney. After the district attorney has received such
notice, a warrant for the arrest of a person who is charged with violating the conditions
of release under this section, may be issued by any officer authorized to issue warrants,
on the affidavit of the district attorney or any assistant district attorney, or on the affidavit
of any person responsible for administering this subpart. The person arrested under such a
warrant shall be brought before a judicial officer in the county. No...
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45-45-233.31
Section 45-45-233.31 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to Section 45-45-233.28 and as to whom
there is probable cause to believe he or she has committed a felony or misdemeanor while released,
shall be subject to revocation of release. (b) Proceedings for revocation of release for the
ground in this section, may be initiated by any person responsible for administering this
subpart giving notice to the district attorney. After the district attorney has received notice,
a warrant for the arrest of a person who is charged with violating the conditions of release
under this section, may by issued by any officer authorized to issue warrants, on the affidavit
of the district attorney or any assistant district attorney, or on the affidavit of any person
responsible for administering this subpart. The person arrested under such a warrant shall
be brought before a judicial officer in the county. No order of...
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45-49-235.11
Section 45-49-235.11 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to this part and as to whom there is probable
cause to believe has committed a felony or misdemeanor while released, shall be subject to
the revocation of his or her release. (b) Proceedings for revocation of release for the grounds
stated in this section, may be initiated by any person responsible for administering this
part after notice to the district attorney. After the district attorney has received such
notice, a warrant for the arrest of a person who is charged with violating the conditions
of release under this section, may be issued by any officer authorized to issue warrants upon
the affidavit of the district attorney or any assistant district attorney, or upon the affidavit
of any person responsible for administering this part. The person arrested under such warrant
shall be brought before a judicial officer. No order of revocation...
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13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable
in this article unless the context requires otherwise. (b) The following definitions are also
applicable to this article: (1) CUSTODY. A restraint or detention by a public servant pursuant
to a lawful arrest, conviction or order of court, but does not include mere supervision of
probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
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13A-12-54
Section 13A-12-54 When affidavit made, court to examine affiant under oath. When an affidavit
is made before a court of competent jurisdiction that the complainant has probable cause to
believe and does believe that any house or any part of a house, particularly designating the
same, is being kept or maintained contrary to the provisions of this division, or that a gaming
table is being exhibited or kept at said place, or that said house or part of a house or any
room therein is provided with electric bells or other instruments or appliances hereinabove
set forth for communicating with the occupants of such place or room, or that some other offense
under this division is being committed at said house or room, then the court to whom the application
is made shall examine the complainant or affiant under oath and other witnesses, if he so
desires, touching the matter charged in the affidavit, and, if the said court has probable
cause for believing that the act or offense alleged in the...
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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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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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