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45-29-82.62
Section 45-29-82.62 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-fourth Judicial Circuit may apply to the District Attorney of the Twenty-fourth Judicial
Circuit for admittance to the pretrial diversion program. A person charged with any of the
following offenses may apply for the program: (1) A drug offense, as provided in Section 12-23-5.
(2) A property offense, including, but not limited to, theft in any degree and burglary in
any degree. (3) An offense wherein the victim did not receive serious physical injury. (4)
An offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than a traffic or conservation
offense. (b) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Any Class A felony. (2) Any offense...
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45-4-83.02
Section 45-4-83.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Fourth Judicial Circuit may apply to the district attorney for admittance to the pretrial
diversion program. A person charged with any of the following offenses may apply for the program:
(1) A traffic offense, other than driving under the influence. (2) A property offense. (3)
An offense wherein the victim did not receive serious physical injury. (4) An offense in which
the victim was not a child under 14 years of age, a law enforcement officer, a school official,
or a correctional officer. (5) A misdemeanor other than one specifically excluded in this
section. (b) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving the
abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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12-12-60
Section 12-12-60 Electronic uniform non-traffic citation and complaint. (a)(1) Whenever any
person is arrested for a violation of any non-traffic offense enumerated in Rule 20, Appendix
B of the Alabama Rules of Judicial Administration, as adopted by the Supreme Court of Alabama,
the arresting officer, unless otherwise provided in this section, shall take the name and
address of the person and the license number or identification number of his or her motor
vehicle or vessel, as appropriate, and shall issue a summons or otherwise notify him or her
in writing to appear at a time and place to be specified in such summons, notice, or electronic
uniform non-traffic citation and complaint (eUNTCC). (2) For purposes of this section, eUNTCC
means a ticket that is electronically generated and printed at the site of a violation. Only
violations enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration
may be electronically transmitted to the court. (3) The eUNTCC may also...
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15-10-8
Section 15-10-8 When notice of arrest for capital felony to be given to Governor or Chief Justice.
Whenever any person arrested is charged with a capital felony and there is no court having
jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making
the arrest or having the custody of such prisoner to notify the Governor or Chief Justice
of the Supreme Court at once of the arrest of such person. An officer failing to give such
notice as soon as possible after the arrest of such prisoner is guilty of a misdemeanor. (Code
1907, §6276; Code 1923, §3270; Code 1940, T. 15, §161.)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
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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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12-19-191
Section 12-19-191 Constables. (a) Constables shall be entitled to the following fees in criminal
cases: (1) For executing a search warrant by day ..... $1.00 (2) For executing a search warrant
by night ..... 2.00 (3) For executing any other warrant or writ of arrest ..... 1.50 (4) For
serving each subpoena or notice issued by a court of the Unified Judicial System ..... .50
(5) For carrying a person before a magistrate under a warrant of arrest or to jail when committed
thereto, for himself and each necessary guard, to be proved by his own oath, for each mile
..... .10 (6) For carrying a prisoner to the jail of another county, when there is no sufficient
jail in the proper county, the same fees that were allowed to the sheriff for similar services
on December 18, 1973, to be paid in the same manner. (7) For taking and approving each bond
of undertaking ..... .50 (b) In all criminal prosecutions, the fees specified in subsection
(a) of this section for the services rendered in the case...
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15-21-24
Section 15-21-24 Grounds for discharge of person in custody under process legally issued. If
it appears that the party is in custody by virtue of process from any court legally constituted
or issued by any officer in the course of judicial proceedings before him authorized by law,
he can only be discharged under a writ of habeas corpus where: (1) The jurisdiction of such
court has been exceeded, either as to matter, place, sum or person; (2) Though the original
imprisonment was lawful, the party has become entitled to his discharge by reason of some
subsequent act, omission or event; (3) The process is void in consequence of some defect in
matter or substance required by law; (4) The process, though in proper form, was issued in
a case or under circumstances not allowed by law; (5) The process is not authorized by any
judgment, order or decree nor by any provision of the law; or (6) The person who has the custody
of him under any order or process is not the person authorized by law to...
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45-29A-20
Section 45-29A-20 Court costs. (a)(1) Notwithstanding any special, local, or general law to
the contrary, there is levied additional court costs and charges of fifteen dollars ($15)
upon any criminal or civil cases including, but not limited to, felony cases, misdemeanor
cases, and traffic violation cases whose jurisdiction is in the Town of Berry Municipal Court
of the Twenty-fourth Judicial Circuit. The costs and charges levied by this section shall
be in addition to all other costs and charges presently levied and shall be collected as other
costs and charges. The levy of the costs and charges shall commence on July 1, 2010, and all
cases pending at the time shall be subject to the levy of costs and charges. (2) All money
derived from the costs and charges provided herein shall be remitted to the Town of Berry
and placed in a special fund known as the hazardous duty pay fund. Hazardous duty pay, as
provided in this section, shall be paid exclusively from the fund and all funds...
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