15-9-47
Section 15-9-47 Inquiry into guilt or innocence of accused. The guilt or innocence of the accused
as to the crime of which he is charged may not be inquired into by the Governor or in any
proceeding after the demand for extradition accompanied by a charge of crime in legal form
as provided in this division shall have been presented to the Governor, except as it may be
involved in identifying the accused held as the person charged with the crime. (Acts 1931,
No. 482, p. 559; Code 1940, T. 15, §67.)...
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45-27-84.07
Section 45-27-84.07 Determination of accused as tribal fugitive. (a) If the district court
judge determines the accused person is a tribal fugitive, then the tribal fugitive shall be
surrendered to an agent of the tribe. (b) The guilt or innocence of the accused tribal fugitive
may not be inquired into by the district court judge in an extradition proceeding except as
may be necessary to identify the person held as being the tribal fugitive charged of a crime
by the tribe. (Act 2017-351, §8.)...
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15-9-31
Section 15-9-31 Form of demand. No demand for the extradition of a person charged with crime
in another state shall be recognized by the Governor unless in writing and accompanied by
a copy of an indictment found, or by an information supported by affidavit, in the state having
jurisdiction of the crime or by a copy of an affidavit made before a magistrate there, together
with a copy of any warrant which was issued thereon. The indictment, information or affidavit
made before the magistrate must substantially charge the person demanded with having committed
a crime under the law of that state, and the copy must be authenticated by the executive authority
making the demand, which shall be prima facie evidence of its truth. (Acts 1931, No. 482,
p. 559; Code 1940, T. 15, §50.)...
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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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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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45-27-84.06
Section 45-27-84.06 Notice; extradition proceeding; waiver. (a) No tribal fugitive shall be
delivered to an agent appointed by the tribe to receive the tribal fugitive until first being
taken before the district court judge, who shall inform the accused tribal fugitive of the
demand for extradition, the crime charged, and of his or her right to request counsel. (b)(1)
If the accused tribal fugitive or his or her counsel state the desire to test the legality
of the arrest, the accused tribal fugitive shall be taken before the district court judge
within 72 hours for an extradition proceeding. (2) The time and place of the extradition proceeding
shall be given by the court conducting the proceeding to the district attorney of the county
and to the Office of the Attorney General of the tribe. (c)(1) A formal extradition proceeding
under this part may be waived if the accused tribal fugitive making the waiver, knowingly,
and in the presence of the district court judge, signs a statement...
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45-27-84.02
Section 45-27-84.02 Written request for extradition. (a) No demand for extradition of a tribal
fugitive shall be recognized unless a written request is received by the district attorney.
(b) The written request shall contain all of the following: (1) A sworn statement stating
that the accused tribal fugitive was alleged to be present on the reservation at the time
of the commission of the alleged crime and that the accused tribal fugitive is no longer on
the reservation. (2) A copy of an arrest warrant issued for the accused tribal fugitive. (3)
A copy of the conviction or sentence imposed, if applicable. (4) A sworn statement that the
accused tribal fugitive has broken the terms of bail, probation, or parole, or has been charged
with committing a specific offense under the laws of the tribe. (5) Any waiver of extradition
validly executed as a bond condition or as a term or condition of parole or probation, if
applicable. (6) Any identifying information that may assist law enforcement...
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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may be organized
as a worthless check unit. Each district attorney who elects to establish the unit shall assign
sufficient staff and resources to effectively operate the unit. The worthless check unit of
the special services division of the district attorney's office shall be created for the purpose
of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After following the
requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may
present a "complaint" to the worthless check unit of the...
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15-9-38
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty
for violation of section. (a) No person arrested upon a warrant of arrest issued under this
division shall be delivered over to the agent whom the executive authority demanding him shall
have appointed to receive him unless he has been informed of the demand made for his surrender,
the crime with which he is charged and that he has the right to demand legal counsel. (b)
If the prisoner, his friends or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit
court in this state, who shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the public prosecuting officer of the county
in which the arrest is made and in which the accused is in...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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