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31-2A-45
Section 31-2A-45 (Article 45.) Pleas of the accused. (a) If an accused after arraignment makes
an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea,
or if it appears that the accused has entered the plea of guilty improvidently or through
lack of understanding of its meaning and effect, or if the accused fails or refuses to plead,
a plea of not guilty shall be entered in the record, and the court shall proceed as though
the accused had pleaded not guilty. (b) With respect to any charge or specification to which
a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial
without a military judge, a finding of guilty of the charge or specification may be entered
immediately without vote. This finding shall constitute the finding of the court unless the
plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings
shall continue as though the accused had pleaded not...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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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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15-23-71
Section 15-23-71 Plea agreement. The victim has the right to be present at any proceeding at
which a negotiated plea for the person accused of committing the criminal offense against
the victim will be presented to the court. The court shall not accept a plea agreement unless:
(1) The prosecuting attorney advises the court that, before requesting the negotiated plea,
reasonable efforts were made to confer with the victim. (2) Reasonable efforts are made to
give the victim notice of the plea proceeding, including the offense to which the defendant
will plead guilty, the date that the plea will be presented to the court, the terms of any
sentence agreed to as part of the negotiated plea, and that the victim has the right to be
present. (3) The prosecuting attorney advises the court that, to the best of his or her knowledge,
the notice requirements of this article have been met. (Acts 1995, No. 95-583, p. 1234, §12.)...
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15-15-22
Section 15-15-22 Fixing of date to formally make and enter plea; service of notice. When an
information has been filed as provided in Section 15-15-21 and counsel employed or appointed,
the court shall, by order entered upon the minutes of the court, fix a date for the defendant
to formally make and enter his plea of guilty in open court, which date shall not be within
15 days after the arrest of the defendant nor within three days after notice to the court
of his intention to plead guilty, and notice of such date shall be served by the sheriff upon
the defendant and upon his counsel. (Acts 1939, No. 227, p. 367; Code 1940, T. 15, §263.)...
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31-2A-29
Section 31-2A-29 (Article 29.) Absent and additional members. (a) No member of a general or
special court-martial may be absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of a challenge, excused by the military judge
for physical disability or other good cause, or excused by order of the convening authority
for good cause. (b) Whenever a general court-martial, other than a general court-martial composed
of a military judge only, is reduced below five members, the trial may not proceed unless
the convening authority details new members sufficient in number to provide not less than
the applicable minimum number of five members. The trial may proceed with the new members
present after the recorded evidence previously introduced before the members of the court
has been read to the court in the presence of the military judge, the accused, and counsel
for both sides. (c) Whenever a special court-martial, other than a special...
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10A-21-3.03
Section 10A-21-3.03 Entry of not guilty plea for corporation failing to appear, etc. If the
defendant corporation fails to appear and plead to the indictment, the court must cause the
plea of not guilty to be entered for it, and the trial shall proceed as if the corporation
had appeared and pleaded not guilty; but, in such case, proof must be made to the court that
the person upon whom the notice and copy of the indictment were served was an officer or agent
of the corporation authorized by law to receive such service. (Code 1896, §5318; Code 1907,
§6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act
2009-513, p. 967, §360.)...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, §1.)...
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