Code of Alabama

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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced
and pending in district or municipal court. (a) The original jurisdiction of the circuit courts
over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution
for a misdemeanor has been first commenced and is still pending in a district court or a municipal
court, the prosecution in the circuit court shall be abated on plea. (b) The plea provided
for in subsection (a) of this section must state that the prosecution in the district court
or the municipal court was commenced without the agency, request, participation, connivance
or authority of the defendant and must be sworn to. Each and every averment of the plea may
be traversed and denied; and if, on the trial of the issue, it appears that such prosecution
was commenced by the agency, request, participation, connivance or authority of the defendant,
then the jury must be instructed, if it finds either of these...
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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment. (a) The
court may appoint a guardian for an unmarried minor if all parental rights have been terminated
or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian
has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental
rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71
whose appointment has not been prevented or nullified under Section 26-2A-72 has priority
over any guardian who may be appointed by the court, but the court may proceed with another
appointment upon a finding that the parental nominee has failed to accept the appointment
within 30 days after notice of the guardianship proceeding. (b) If necessary, and on appropriate
petition or application, the court may appoint a temporary guardian who shall have the full
authority of a general guardian of a minor, but the authority of a...
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30-3-6.1
Section 30-3-6.1 Rebate of interest on delinquent child support payments. (a) Notwithstanding
any other provision of law regarding post-judgment interest, the parent responsible for making
child support payments who has been delinquent in making the payments may petition the court
that entered the order for child support or the appropriate court pursuant to Sections 30-3A-101
to 30-3A-906, inclusive, for a rebate of interest when any of the following conditions have
been met: (1) The parent has paid the past due amount and has paid the current child support
payments for 12 months before petitioning the court. (2) The parent has entered into a repayment
agreement, has made all payments on the agreement for at least 12 months, and has paid the
current child support payments for 12 months before petitioning the court. (b) Before a court
may order a rebate of interest, each party to whom interest is owed must agree in writing
to the rebate of interest and the amount of interest rebated. A...
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31-2A-54
Section 31-2A-54 (Article 54.) Record of trial. (a) Each general and special court-martial
shall keep a separate record of the proceedings in each case brought before it, and the record
shall be authenticated by the signature of the military judge. If the record cannot be authenticated
by the military judge by reason of his or her death, disability, or absence, it shall be authenticated
by the signature of the trial counsel or by that of a member, if the trial counsel is unable
to authenticate it by reason of his or her death, disability, or absence. In a court-martial
consisting of only a military judge, the record shall be authenticated by the court reporter
under the same conditions which would impose such a duty on a member under this subsection.
(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each
general and special court-martial case resulting in a conviction. (2) In all other court-martial
cases, the record shall contain such matters as...
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45-21A-10.05
Section 45-21A-10.05 Order of court; appeal. (a) Following an adjudicative hearing, the municipal
court judge shall issue an order stating the following: (1) Whether the person charged with
the civil violation is liable for the violation and, if so, (2) The amount of the civil fine
assessed against the person, along with the fees and costs of court provided for herein. (b)
The orders issued under this section may be filed in the office of the Judge of Probate of
Crenshaw County, Alabama, and shall operate as a judicial lien in the same manner and with
the same weight and effect as any other civil judgment filed therein. (c) A person who is
found liable after an adjudicative hearing may appeal that finding of civil liability to the
Circuit Court of Crenshaw County, Alabama, by filing a notice of appeal with the clerk of
the municipal court. The notice of appeal must be filed not later than the 14th day after
the date on which the municipal court judge entered the finding of civil...
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45-24A-32.06
Section 45-24A-32.06 Order of municipal court; appeal. (a) Following an adjudicative hearing,
the municipal court judge shall issue an order stating: (1) Whether the person charged with
the civil violation is liable for the violation; and (2) If so, the amount of the civil penalty
assessed against the person, along with the fees and costs of court provided for herein. (b)
The orders issued under this section may be filed in the office of the Judge of Probate of
Dallas County, and shall operate as a judicial lien in the same manner and with the same weight
and effect as any other civil judgment filed therein. (c) A person who is found liable after
an adjudicative hearing may appeal that finding of civil liability to the circuit court, by
filing a notice of appeal with the clerk of the municipal court. The notice of appeal must
be filed not later than the 14th day after the date on which the municipal court judge entered
the finding of civil liability. The filing of a notice of appeal...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor and the offender. The agreement shall include the terms of the pretrial diversion
program, the length of the program, and the period of time after which the municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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