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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-5.htm - 2K - Match Info - Similar pages
12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-127.htm - 3K - Match Info - Similar pages
13A-6-134
Section 13A-6-134 Arrest without warrant - Determination of predominant aggressor; notice requirements;
liability of officer. (a) If a law enforcement officer receives complaints of domestic violence
from two or more opposing persons, or if both parties have injuries, the officer shall evaluate
each complaint separately to determine who was the predominant aggressor. If the officer determines
that one person was the predominant physical aggressor, that person may be arrested; however,
a person who acts in a reasonable manner to protect himself or herself or another family or
household member from domestic violence may not be arrested for a violation of Section 13A-6-130,
13A-6-131, 13A-6-132, or 13A-6-138. In determining whether a person is the predominant aggressor,
the officer shall consider all of the following: (1) Prior complaints of domestic violence.
(2) The relative severity of the injuries inflicted on each person, including whether the
injuries are offensive versus defensive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-134.htm - 3K - Match Info - Similar pages
36-5-18
Section 36-5-18 Legal effect of official bonds. (a) Every official bond is obligatory on the
principal and sureties thereon for: (1) Every breach of the condition during the time the
officer continues in office or discharges any of the duties thereof; (2) The faithful discharge
of any duties which may be required of such officer by any law passed subsequently to the
execution of such bond, although no such condition is expressed therein; and (3) The use and
benefit of every person who is injured, as well by any wrongful act committed under color
of his office as by his failure to perform or the improper or neglectful performance of those
duties imposed by law. (b) The words, "for the use and benefit of every person injured,"
as used in subsection (a) of this section, shall include all person having a direct and proximate
interest in the official act or omission and all persons connected with such official act
or omission, by estate or interest. (Code 1852, §130; Code 1867, §169; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-5-18.htm - 1K - Match Info - Similar pages
15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State Law Enforcement
Agency shall implement a system of active and passive electronic monitoring that identifies
the location of a monitored person and that can produce upon request reports or records of
the person's presence near or within a crime scene or prohibited area, the person's departure
from specified geographic limitations, or curfew violations by the offender. The Director
of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement
and administer this system of active electronic monitoring including establishing policies
and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-20.htm - 3K - Match Info - Similar pages
22-21-370
Section 22-21-370 Posting of securities or surety bond; custody of securities; exemption from
taxation; release of securities or bond; modification orders; hearing; effect of failure to
comply. (a) To assure the faithful performance of its obligations in the event of insolvency
each dental service corporation authorized under Section 22-21-364 shall, through the commissioner,
deposit and maintain with the Treasurer of the State Securities of the type eligible for deposit
by insurers under Section 27-6-3, which securities shall have at all times a market value
as follows: (1) A corporation which has operated no dental service plan in this state prior
to January 1, 1983, shall, prior to the issuance of its certificate of authority and before
receiving any subscription payments, place in trust with the Treasurer of the State, through
the commissioner an initial amount of $50,000.00; (2) A corporation operating a dental service
plan business in this state prior to January 1, 1983, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-370.htm - 4K - Match Info - Similar pages
45-37-243.04
Section 45-37-243.04 Bonds or securities. (a) Any person before engaging in selling any alcoholic,
spirituous, vinous, or fermented liquors in any county subject to this subpart shall file
with the judge of probate, license commissioner, director of county department of revenue,
or other public officer performing like duties in such counties a bond in the approximate
sum of two times the average monthly tax estimated by such official which shall be due by
the applicant. The bond filed with such official shall be in such form and amount as may be
approved by such official. If a bond is filed, it shall be executed by a surety company licensed
and duly authorized to do business in Alabama, shall be payable to the county subject to this
subpart, and be conditioned upon the prompt filing of true reports, and the bond shall be
conditioned upon the payment by the applicant to the judge of probate, license commissioner,
director of county department of revenue, or other public officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-243.04.htm - 6K - Match Info - Similar pages
13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and Section 36-19-2.1,
the following words shall have the following meanings: (1) BACTERIOLOGICAL WEAPON or BIOLOGICAL
WEAPON. A device which is designed in a manner to permit the intentional release onto any
person, into the population or environment of microbial, or other biological agents or toxins
or viral agents whatever their origin or method of production in a manner not otherwise authorized
by law or any device the development, production, or stockpiling of which is prohibited pursuant
to the "Convention on the Prohibition of the Development, Production, and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583,
TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited
to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.
(2) CONVICTION. An adjudication of guilt of or a plea of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-190.htm - 9K - Match Info - Similar pages
15-13-145
Section 15-13-145 Defendants who may be eligible. Any person charged with a felony, misdemeanor,
or violation shall be eligible for a judicial public bail, if: (1) The person is not charged
with robbery, capital murder, forcible sex crimes, escape, trafficking in drugs, or the sale
of drugs. (2) The person has not been convicted of a previous felony or committed a felony
while being released on any form of bail. (3) The person is not presently under a suspended
sentence or on probation or parole for a previous conviction on a misdemeanor or a felony.
(4) There is no evidence, satisfactory to the judicial officer, that the person has violated
a previous bail release, whether it be judicial public bail, property, cash, or professional
surety bail. (Acts 1993, No. 93-677, p. 1259, §46.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-145.htm - 1K - Match Info - Similar pages
36-5-20
Section 36-5-20 Effect of bonds improperly executed, approved or filed. Whenever any officer
required by law to give an official bond acts under a bond which is not in the penalty, payable
and conditioned or without sureties of the requisite qualification and sufficiency as prescribed
by law, such bond is valid and binding on the obligors therein and stands in the place of
the official bond, subject, on its condition being broken, to all the remedies which the person
aggrieved might have maintained on the official bond of such officer, executed, approved and
filed according to law. (Code 1852, §132; Code 1867, §171; Code 1876, §181; Code 1886,
§275; Code 1896, §3089; Code 1907, §1502; Code 1923, §2614; Code 1940, T. 41, §52.)...
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