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12-21-39
Section 12-21-39 Handwriting - Evidence for comparison. In any proceeding before a court or
judicial officer of the state where the genuineness of the handwriting of any person may be
involved, any admitted or proved handwriting of such person shall be competent evidence as
a basis for comparison by witnesses or by the jury, court or officer conducting such proceeding
to prove or disprove such genuineness. (Code 1923, §7707; Code 1940, T. 7, §420.)...
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15-13-111
Section 15-13-111 Kinds of bail. For persons arrested and taken into custody, there shall be
four kinds of bail used in this state. No other form of bail may be approved and accepted
by any judicial officer, court clerk, magistrate, or any other person designated to accept
and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive.
The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional
surety bail. Their definitions are as follows: (1) CASH BAIL. Cash bail is when the defendant
or some person on behalf of the defendant deposits cash in an amount equal to a part or the
total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to Division 9. (2) JUDICIAL PUBLIC BAIL.
Judicial public bail is the release of any defendant without any condition of an undertaking
relating to, or a deposit of, security. Such bail shall be granted...
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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence
structure, including laws, policies, and practices, and to determine and recommend to the
Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and
other aspects of sentencing policies and practices appropriate for the state which: (1) Secure
the public safety of the state by providing a swift and sure response to the commission of
crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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14-6-5
Section 14-6-5 Refusal to receive prisoner into custody. Any jailer or other officer who willfully
refuses to receive into his custody any person lawfully committed thereto on any criminal
charge or conviction must, on conviction, be fined not more than $500. (Code 1852, §31; Code
1867, §3572; Code 1876, §4129; Code 1886, §3973; Code 1896, §5112; Code 1907, §7472;
Code 1923, §5064; Code 1940, T. 45, §116.)...
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15-13-105
Section 15-13-105 Order of bail in warrantless arrest cases. In cases where a defendant is
arrested without a warrant and taken into custody and there is no standard bail schedule prescribed
by the presiding judge of the court of jurisdiction for the amounts of bail for such arrests
without warrants, then the arresting officer shall, as soon as possible, contact a judicial
officer for an order of bail. If the arresting officer is unable to contact the judicial officer
having jurisdiction of the case, the arresting officer may contact any judicial officer having
the authority to set bail in that judicial circuit to issue the order of bail. If no judicial
officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail
shall be set by operation of law and the amount of bail shall be that amount prescribed as
the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided,
however, in violation and misdemeanor cases the minimum...
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45-2-81.41
Section 45-2-81.41 Eligibility. (a) A person charged with a criminal offense specified in this
subsection whose jurisdiction is in the circuit or district court of the Twenty-eighth Judicial
Circuit of Alabama may apply to the District Attorney of the Twenty-eighth Judicial Circuit
for admittance to the Pre-Trial Intervention Program. The district attorney may allow a person
charged with a drug offense to apply for admittance to the Pre-Trial Intervention Program.
No person charged with a Class A felony or a crime that involved serious injury to a person
or death shall be eligible for pre-trial intervention. (b) Any person deemed by the district
attorney to be a threat to the safety or well-being of the community shall not be eligible
for the Pre-Trial Intervention Program. This section shall not apply if the district attorney
determines the elements of the offense do not fit the charges filed. (Act 97-692, p. 1045,
§2.)...
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45-41-85
Section 45-41-85 Waiver of arraignment. (a) This section shall apply only to the 37th Judicial
Circuit of Alabama. (b) If a defendant in a criminal case pending in a court of competent
jurisdiction shall enter a written plea of not guilty at any time prior to the day of his
or her arraignment such plea shall constitute a waiver of his or her right to have an arraignment
at which he or she is present in person or at which he or she is represented by an attorney.
-(Act 83-569, p. 875, §§1, 2.)...
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45-45-83.41
Section 45-45-83.41 Eligibility. (a) Any person charged with a criminal offense whose jurisdiction
is in the circuit or district court of the Twenty-third Judicial Circuit of Alabama may apply
to the District Attorney of the Twenty-third Judicial Circuit for admittance to the PTIP.
No persons charged with a Class A felony or a crime that involved serious injury to a person
or death shall be eligible for pretrial intervention. (b) Any person deemed by the district
attorney to be a threat to the safety or well-being of the community shall not be eligible
for the PTIP. This section shall not apply if the district attorney determines the elements
of the offense do not fit the charges filed. (Act 94-92, p. 645, § 2.)...
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12-22-131
Section 12-22-131 Review in Court of Criminal Appeals; when appeal taken to wrong court; decision
where conflict over jurisdiction. Wherever jurisdiction is now or may hereafter be conferred
on the Court of Criminal Appeals, a review or revision may be had in and by the Court of Criminal
Appeals in the same manner and by the same mode and means as is provided for appeal, review
or revision in or by the Supreme Court. Wherever the appeal or review is taken or attempted
to be taken to the Supreme Court when it should have been taken to the Court of Criminal Appeals,
the Supreme Court may ex mero motu or upon motion have the case, record and proceedings transferred
to the Court of Criminal Appeals for decision and disposition by the Court of Criminal Appeals;
and, if the appeal or review is taken or attempted to be taken to the Court of Criminal Appeals
when it should have been taken to the Supreme Court, the Court of Criminal Appeals may ex
mero motu or on motion transfer the case,...
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12-22-133
Section 12-22-133 Retention of jurisdiction by trial court. Where an appeal is taken from the
judgment of any municipal, district or circuit court in criminal cases, the trial court retains
jurisdiction for the purpose of granting a motion for a new trial and also retains jurisdiction
for the purpose of enforcing its judgment where the appeal is dismissed before the judgment
of the appellate court is entered. (Code 1923, §3251; Code 1940, T. 15, §382.)...
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