12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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15-10-47
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure
of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail
when given, must be returned by the sheriff to the clerk of the court from which they were
issued, with the proper return thereon endorsed. (b) If the writ of arrest is executed, the
return must be made within five days after service; but if executed out of the county in which
the indictment was found, the return may be made by depositing the writ in the post office
within five days after service in a sealed envelope, postage prepaid, directed to the clerk
of the court at the courthouse of his county, with the title of the case and the character
of the process endorsed on the envelope. (c) When any writ of arrest is not executed, it must
be returned by the sheriff to the clerk of the court from which it was issued; and when the
return is made by the sheriff of any other county than that in which the...
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15-10-8
Section 15-10-8 When notice of arrest for capital felony to be given to Governor or Chief Justice.
Whenever any person arrested is charged with a capital felony and there is no court having
jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making
the arrest or having the custody of such prisoner to notify the Governor or Chief Justice
of the Supreme Court at once of the arrest of such person. An officer failing to give such
notice as soon as possible after the arrest of such prisoner is guilty of a misdemeanor. (Code
1907, §6276; Code 1923, §3270; Code 1940, T. 15, §161.)...
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15-8-25
Section 15-8-25 How facts constituting offense to be stated. An indictment must state the facts
constituting the offense in ordinary and concise language, without prolixity or repetition,
in such a manner as to enable a person of common understanding to know what is intended and
with that degree of certainty which will enable the court, on conviction, to pronounce the
proper judgment. In no case are the words "force of arms" or "contrary to the
form of the statute" necessary. (Code 1852, §562; Code 1867, §4112; Code 1876, §4785;
Code 1886, §4368; Code 1896, §4896; Code 1907, §7134; Code 1923, §4529; Code 1940, T.
15, §232.)...
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17-6-25
Section 17-6-25 Order of listing of candidates on ballots. The names of candidates for each
office shall be listed on the ballot in alphabetical order by surname, and the offices shall
be listed in the following order: (1) President (if preference primary). (2) Governor. (3)
Lieutenant Governor. (4) United States Senator. (5) United States Representative. (6) Attorney
General. (7) State Senator. (8) State Representative. (9) Supreme Court Justice. (10) Court
of Civil Appeals Judge. (11) Court of Criminal Appeals Judge. (12) Secretary of State. (13)
State Treasurer. (14) State Auditor. (15) Commissioner of Agriculture and Industries. (16)
Public Service Commissioner. (17) State Board of Education Member. (18) Circuit Court Judge.
(19) District Attorney. (20) District Court Judge. (21) Circuit Clerk. (22) Other public officers
(to be listed in the order prescribed by the judge of probate). (23) Delegate to national
convention. (24) Other party officers (to be listed in the order...
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33-7-10
Section 33-7-10 Mobile Harbor - Fastening vessels, rafts, etc., and obstructing channel in
Mobile bay. Any person who makes any vessel, boat or watercraft of any description, or any
raft or collection of logs, lumber or timber, fast to any beacon or light stake or piling
which may be of any use or benefit in making use of the dredged channel in the Bay of Mobile
is liable to indictment in the circuit court of Mobile County, or any other court of competent
jurisdiction, and shall, on conviction, be fined not more than $500.00, and may also be imprisoned
in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1886, §4137; Code 1896, §5406; Code 1907, §7869; Code 1923, §5604; Code 1940, T.
38, §112.)...
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33-7-11
Section 33-7-11 Mobile Harbor - Injuring ship channel, beacon light, etc. Any person who knowingly
or wilfully causes, or is concerned in causing, any damage or injury to any part of the dredged
channel as it now exists or may hereafter exist, at any point or points between the upper
or northern limits of the Port of Mobile and the lower part of the Bay of Mobile, or to any
beacon light, stake, piling or other matter or thing which is or may be intended to be used,
or used in connection with such dredged channel for the better navigation of the same, is
liable to indictment in the circuit court of Mobile county or any other court of competent
jurisdiction and, on conviction, shall be fined not more than $10,000.00, and may also be
imprisoned in the penitentiary for not more than 20 years. (Code 1886, §4138; Code 1896,
§5407; Code 1907, §7870; Code 1923, §5605; Code 1940, T. 38, §113.)...
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33-7-12
Section 33-7-12 Mobile Harbor - Master of vessel drawing more than 12 feet passing channel
without permit, etc. Any master or person in charge of any vessel drawing more than 12 feet
of water which may enter into the dredged channel between the upper limits of the Port of
Mobile and the outer bar of the Bay or Harbor of Mobile without a permit from the harbor master,
or in violation of the rules and regulations of the State Pilotage Commission of the Port
and Harbor of Mobile, is liable to indictment in the circuit court of Mobile County or any
other court of competent jurisdiction, and shall, on conviction, be fined not more than $10,000.00,
and may also be imprisoned in the penitentiary for not more than 10 years. (Code 1886, §4139;
Code 1896, §5408; Code 1907, §7871; Code 1923, §5606; Code 1940, T. 38, §114.)...
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36-4-2
Section 36-4-2 Oaths required to be filed with Secretary of State and Auditor. Such oaths must,
when taken by the Governor, any judge of the Supreme Court, judge of the Court of Civil Appeals
and the Court of Criminal Appeals, judge of the circuit court, Auditor, Treasurer, Attorney
General, district attorney or any other officer whose general duties are not limited to any
one county, unless it is otherwise provided, be filed with the certificate required by Section
36-4-1 in the office of the Secretary of State and, when taken by the Secretary of State,
must be filed with such certificate in the office of the Auditor. (Code 1852, §112; Code
1867, §151; Code 1876, §157; Code 1886, §251; Code 1896, §3064; Code 1907, §1477; Code
1923, §2589; Code 1940, T. 41, §22.)...
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36-6-62
Section 36-6-62 Inapplicability to certain employees. Any cost-of-living increase granted under
this division shall in no way apply to any local supplement provided to any judges or any
other employee of this state. The provisions of this division shall not apply to or increase
the compensation of any local employee whose salary is tied to that of any state employee.
This division shall not apply to any Merit System employee or hourly employee whose service
or rate of pay is covered by any labor agreement or contract, nor shall this division apply
to a state judge whose salary is payable from the State Treasury. This division shall not
apply to any circuit or district judge, Supreme Court Justice, judge of an appellate court,
or district attorney who received a salary increase due to Act 99-427. This division shall
not apply to any circuit clerk or register who received a salary increase due to Act 98-301.
(Act 2000-611, p. 1224, §3.)...
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