|
45-27-84.03
Section 45-27-84.03 Procedures when tribal fugitive under criminal prosecution. If a criminal
prosecution has been instituted under the laws of this state against a person demanded by
the tribe as a tribal fugitive for extradition, and the prosecution is still pending, the
district attorney may either commence extradition or demand that the accused tribal fugitive
be held until tried and discharged or convicted and any punishment served. (Act 2017-351,
§4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.03.htm - 771 bytes - Match Info - Similar pages
14-13-2
Section 14-13-2 Adoption and text of Interstate Corrections Compact. The Interstate Corrections
Compact is hereby enacted into law and entered into by the State of Alabama with any and all
states legally joining therein, in accordance with its terms, in the form substantially as
follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy) The party states, desiring
by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment, and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such facilities and programs
on a basis of cooperation with one another, thereby serving the best interests of such offenders
and of society and effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-13-2.htm - 14K - Match Info - Similar pages
45-27-84.06
Section 45-27-84.06 Notice; extradition proceeding; waiver. (a) No tribal fugitive shall be
delivered to an agent appointed by the tribe to receive the tribal fugitive until first being
taken before the district court judge, who shall inform the accused tribal fugitive of the
demand for extradition, the crime charged, and of his or her right to request counsel. (b)(1)
If the accused tribal fugitive or his or her counsel state the desire to test the legality
of the arrest, the accused tribal fugitive shall be taken before the district court judge
within 72 hours for an extradition proceeding. (2) The time and place of the extradition proceeding
shall be given by the court conducting the proceeding to the district attorney of the county
and to the Office of the Attorney General of the tribe. (c)(1) A formal extradition proceeding
under this part may be waived if the accused tribal fugitive making the waiver, knowingly,
and in the presence of the district court judge, signs a statement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.06.htm - 1K - Match Info - Similar pages
15-9-46
Section 15-9-46 When prosecution already instituted in Alabama. If a criminal prosecution has
been instituted against such person under the laws of this state and is still pending, the
Governor, at his discretion, either may surrender him on the demand of the executive authority
of another state, or may hold him until he has been tried and discharged or convicted and
punished in this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §66.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-9-46.htm - 753 bytes - Match Info - Similar pages
15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-9-81.htm - 18K - Match Info - Similar pages
45-27-84.02
Section 45-27-84.02 Written request for extradition. (a) No demand for extradition of a tribal
fugitive shall be recognized unless a written request is received by the district attorney.
(b) The written request shall contain all of the following: (1) A sworn statement stating
that the accused tribal fugitive was alleged to be present on the reservation at the time
of the commission of the alleged crime and that the accused tribal fugitive is no longer on
the reservation. (2) A copy of an arrest warrant issued for the accused tribal fugitive. (3)
A copy of the conviction or sentence imposed, if applicable. (4) A sworn statement that the
accused tribal fugitive has broken the terms of bail, probation, or parole, or has been charged
with committing a specific offense under the laws of the tribe. (5) Any waiver of extradition
validly executed as a bond condition or as a term or condition of parole or probation, if
applicable. (6) Any identifying information that may assist law enforcement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.02.htm - 1K - Match Info - Similar pages
40-29-119
Section 40-29-119 Periods of limitation on criminal prosecutions. (a) No person shall be prosecuted,
tried, or punished for any of the various offenses arising under the revenue laws unless the
indictment is found or the prosecution instituted within three years next after the commission
of the offense, except that the period of limitation shall be six years: (1) For offenses
involving the defrauding or attempting to defraud the State of Alabama or any agency thereof,
whether by conspiracy or not, and in any manner; (2) For the offense of willfully attempting
in any manner to evade or defeat any tax or the payment thereof; (3) For the offense of willfully
aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation
under, or in connection with any matter arising under, the statute revenue laws, of a false
or fraudulent return, affidavit, claim or document (whether or not such falsity or fraud is
with the knowledge or consent of the person authorized or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-119.htm - 2K - Match Info - Similar pages
45-27-84.04
Section 45-27-84.04 Warrant of arrest. If the district attorney complies with the demand for
extradition, the district attorney shall submit the documents specified in Section 45-27-84.02
to the district court and the district court judge shall issue a warrant of arrest directed
to any law enforcement officer for the arrest of the tribal fugitive. (Act 2017-351, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.04.htm - 679 bytes - Match Info - Similar pages
12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-90.htm - 1K - Match Info - Similar pages
15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-62.htm - 3K - Match Info - Similar pages
|