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15-8-91
Section 15-8-91 Prosecution dismissed where amendment not consented to by defendant; new indictment;
form of entry of record. If the defendant will not consent to such amendment of an indictment,
the prosecution may be dismissed at any time before the jury retires as to the count in the
indictment to which the variance applies, and the court may order another indictment to be
preferred at a subsequent time, in which case an entry of record must be made to the effect
following: "The State ) In this case, it appeared from the evidence that there was a
variance between the allegations of the indictment and the "The State proof in this (setting
out the variance); or it appeared from the evidence that the defendant's name was ...(stating
it); and the defendant not consenting to allow the indictment to be amended, the prosecution
was dismissed before the jury retired, and another indictment was ordered to be preferred."
v.) A. B.) (Code 1852, §594; Code 1867, §4144; Code 1876, §4817; Code...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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45-36-80.05
Section 45-36-80.05 Jackson County Preservation of Justice Act. SECTION 4 OF ACT 2019-215 WAS
AMENDED BY ACT 2020-119 IN THE 2020 REGULAR SESSION, EFFECTIVE MAY 18, 2020. THIS IS NOT IN
THE CURRENT CODE SUPPLEMENT. (a) This section shall be known and cited as the Jackson County
Preservation of Justice Act. (b) The Legislature hereby finds and declares the following:
(1) The financial restraints existing in the State General Fund budget have resulted in a
shortfall to the Unified Judicial System that has caused the layoff of many judicial employees.
In Jackson County, three employees in the circuit clerk's office who were scheduled for layoff
have been temporarily retained with alternate funding other than funds appropriated to the
Unified Judicial System; however, this alternate funding cannot be relied upon in the future.
Revenue from this section will restore funding for some judicial employees in the circuit.
(2) This section addresses this problem by increasing court costs. (c) In...
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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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12-21-223
Section 12-21-223 Discharged codefendant as witness for prosecution. When two or more defendants
are jointly indicted, the court may, at any time before the evidence for the defense has commenced,
order any defendant to be discharged from the indictment in order that he may be a witness
for the prosecution, and such order operates as an acquittal of such defendant, provided he
does testify. (Code 1852, §639; Code 1867, §4191; Code 1876, §4893; Code 1886, §4477;
Code 1896, §5301; Code 1907, §7898; Code 1923, §5636; Code 1940, T. 15, §308.)...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
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15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ of arrest
may be substantially in the following form: State of Alabama, _____ County. To any sheriff
of the state: An indictment having been found against A. B., at the ______ session, 20__,
of the ______ court of _____ County, for the offense of ______ (describing the offense so
as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said
defendant and commit him to jail; and that you return this writ according to law. (signed)
C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253;
Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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15-14-2
Section 15-14-2 Defendant not to be tried until case on docket one day. No person shall be
tried on an indictment presented by the grand jury until at least one entire day after the
case has been placed upon the trial docket of the court, except with the consent of the defendant.
This section shall not apply to cases where an indictment has been quashed or demurrer sustained
thereto and a new indictment for identical offense is returned on the same day. (Acts 1919,
No. 119, p. 104; Code 1923, §5566; Code 1940, T. 15, §317.)...
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15-21-23
Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into. On the return
of a writ of habeas corpus, no court or judge has authority to inquire into the regularity
or justice of any order, judgment, decree or process of any court legally constituted, nor
into the justice or propriety of any commitment for contempt made by a court, officer or body
according to law and charged in such commitment. (Code 1852, §734; Code 1867, §4285; Code
1876, §4961; Code 1886, §4784; Code 1896, §4837; Code 1907, §7032; Code 1923, §4331;
Code 1940, T. 15, §27.)...
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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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