Code of Alabama

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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date, granting of continuances,
etc. If such information shall be filed under Section 174 of Article 7 of the constitution,
the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring
the officer proceeded against to appear at a place and on a day, which may be either in term
time or vacation, to be specified in the order and answer the information. The clerk of the
court shall issue a summons, in which shall be set forth a copy of the order, directed to
any sheriff of the State of Alabama, which, together with a copy of the information, shall
be served on the defendant. If the summons is served 20 days before the day specified in the
order, the defendant shall answer the information on the day specified; and, if the summons
is served less than 20 days before the day so specified, the...
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45-28-82.35
Section 45-28-82.35 Use of other programs. The district attorney, to the extent practicable,
may utilize the services of an existing community corrections program established pursuant
to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial
diversion program. The district attorney may utilize the services of an existing drug court
program established pursuant to Section 12-23A-4, so long as the district attorney determines
it would serve the best interests of justice and the community. (Act 2011-606, p. 1342, §16.)...

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45-39-82.15
Section 45-39-82.15 Use of other programs. The district attorney, to the extent practicable,
may utilize the services of an existing community corrections program established pursuant
to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial
diversion program. The district attorney may utilize the services of an existing drug court
program established pursuant to Section 12-23A-4, so long as the district attorney determines
it would serve the best interest of justice and the community. (Act 2011-651, p. 1661, §16.)...

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6-9-63
Section 6-9-63 Execution where defendant dead. After six months from the date of the grant
of letters testamentary or of administration on the estate of any defendant, in a judgment
for money, execution thereof may be had by leave of the court entering the judgment, or of
the judge thereof, upon cause shown, against any property on which said judgment was a lien
at the time of the death of the defendant, and a sale of such property may be made in the
same manner and with the same effect as if the defendant were living. In case of the death
of the defendant in a judgment for the recovery of real or personal property, execution may
be had without revival in the same manner as if the defendant had not died. (Code 1907, §4096;
Code 1923, §7811; Code 1940, T. 7, §524.)...
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12-18-8
Section 12-18-8 Transfer into Judicial Retirement Fund of contributions made to Employees'
Retirement System of Alabama and receipt of credit for prior service under Employees' Retirement
System, etc., upon payment of contribution for prior years of service; refund of contributions
to Judicial Retirement Fund upon termination of service prior to eligibility for retirement
benefits under article. (a) Any justice or judge holding office as a member of the Supreme
Court, a court of appeals or of a circuit court on September 18, 1973, who has paid contributions
into the Employees' Retirement System of Alabama, shall be entitled to have such contributions
transferred from the Employees' Retirement System of Alabama into the Judicial Retirement
Fund and to receive credit for the time of service he had acquired under the Employees' Retirement
System of Alabama as time of service in the judicial position which he holds on September
18, 1973, regardless of whether or not such time of service...
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12-2-1
Section 12-2-1 Composition of court; election and terms of office of justices. (a) The Supreme
Court, except as otherwise provided, shall consist of a chief justice and eight associate
justices, who shall be elected by the qualified electors of the state at the general elections
as provided by law for the election of members of the House of Representatives in Congress
and who shall hold their offices for the term of six years from the first Monday after the
second Tuesday in January next succeeding their election and until their successors are elected
and qualified. Subject to the provisions of the Constitution respecting filling of vacancies
in judicial offices, members of the Supreme Court shall be elected as follows: The Chief Justice
and three associate justices shall be elected at the general election in November, 1976, two
associate justices shall be elected at the general election in November, 1978, and three associate
justices shall be elected at the general election in...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary.
(a) Any person charged with an indictable offense may have his trial removed to another county,
on making application to the court, setting forth specifically the reasons why he cannot have
a fair and impartial trial in the county in which the indictment is found. The application
must be sworn to by him and must be made as early as practicable before the trial, or it may
be made after conviction upon a new trial being granted. (b) The refusal of such application
may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court
of Criminal Appeals shall reverse and remand or enter such judgment on the application as
it may deem right without any presumption in favor of the judgment or ruling of the lower
court on such application. (c) If the defendant is in confinement, the application may be
heard and determined without the personal presence of the defendant in...
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15-2-25
Section 15-2-25 Duty of clerk of court to forward case materials. When an order for the removal
of a trial is made, the clerk of court must make out a transcript of all the entries, orders
and proceedings in the case, including the organization of the grand jury, the indictment,
the endorsements thereon, all the entries relating thereto, the undertakings or recognizances
of the defendant, all the orders and judgments thereon and the order for the removal of the
trial. He must attach his certificate thereto and forward the package under seal by a special
messenger, by express, by registered or certified mail or deliver it in person to the clerk
of the court to which the trial is ordered to be removed. He must also enclose in the package
and forward or deliver in the same manner the original subpoenas in the case. (Code 1852,
§657; Code 1867, §4209; Code 1876, §4914; Code 1886, §4488; Code 1896, §5312; Code 1907,
§7854; Code 1923, §5583; Code 1940, T. 15, §271.)...
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