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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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13A-11-72
Section 13A-11-72 Certain persons forbidden to possess pistol. (a) No person who has been convicted
in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor
offense of domestic violence, violent offense as listed in Section 12-25-32(15), anyone who
is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall
own a firearm or have one in his or her possession or under his or her control. (b) No person
who is a minor, except under the circumstances provided in this section, a drug addict, or
an habitual drunkard shall own a pistol or have one in his or her possession or under his
or her control. (c) Subject to the exceptions provided by Section 13A-11-74, no person shall
knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of
a public school. (d) Possession of a deadly weapon with the intent to do bodily harm on the
premises of a public school in violation of subsection (c) of this...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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15-18-5
Section 15-18-5 Credit towards sentence for time spent incarcerated - Pending trial. (a) Upon
conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order
that the convicted person be credited with all of his or her actual time spent incarcerated
pending trial for the offense. The actual time spent incarcerated pending trial shall be certified
by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections.
(b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth
Services in a juvenile court for a felony or a misdemeanor for a set period of time or as
a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile
court shall order that the delinquent child be credited with all of his or her actual time
spent detained prior to or subsequent to adjudication for the offense. The actual time spent
detained shall be certified by a juvenile probation officer...
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13A-10-39
Section 13A-10-39 Bail jumping in the first degree. (a) The person commits the crime of bail
jumping in the first degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed murder or any Class A or B felony, he fails to appear
at the time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) Bail jumping in the first degree
is a Class C felony. (Acts 1977, No. 607, p. 812, §4620.)...
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15-13-154
Section 15-13-154 False information on property affidavit. Any person or owner of property
who willfully or intentionally provides false information on a property affidavit, as set
out in Section 15-13-152, and the information was material in the determination by the person
having the authority to approve the bail, and the person relied upon the information to make
a determination of sufficiency of the bail and a defendant was released on the bail, then
the person or owner of property shall be guilty of a Class A misdemeanor and if convicted
be sentenced according to the law. (Acts 1993, No. 93-677, p. 1259, §55.)...
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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.)...
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15-13-201
Section 15-13-201 Definitions. For the purposes of this article, the following terms shall
have the following meanings: (1) BOARD. Alabama Professional Bail Bonding Board. (2) PROFESSIONAL
BONDSMAN. Any individual who is employed by a professional bail company to solicit and execute
appearance bonds or actively seek bail bond business for or on behalf of a professional bail
company, including any individual who has a direct or indirect ownership interest in a professional
bail company. (3) PROFESSIONAL SURETY BONDSMAN. Any individual who is employed by a professional
surety company to solicit and execute appearance bonds or actively seek bail bond business
for or on behalf of a professional surety company, including any individual who has a direct
or indirect ownership interest in a professional surety company. (4) RECOVERY AGENT. Any individual,
other than an attorney or law enforcement officer, utilized by a professional surety company,
professional bail company, or professional...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition
of fines. (a) By ordinance, the governing body of any municipality may authorize any law enforcement
officer of a municipality or any law enforcement officer of the state, in lieu of placing
persons under custodial arrest, to issue a summons and complaint to any person charged with
violating any municipal littering ordinance; municipal ordinance which prohibits animals from
running at large, which shall include leash laws and rabies control laws; or any Class C misdemeanor
or violation not involving violence, threat of violence or alcohol or drugs. (b) Such summons
and complaint shall be on a form approved by the governing body of the municipality and shall
contain the name of the court; the name of the defendant; a description of the offense, including
the municipal ordinance number; the date and...
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13A-4-1
Section 13A-4-1 Criminal solicitation. (a) A person is guilty of criminal solicitation if,
with the intent that another person engage in conduct constituting a crime, he solicits, requests,
commands or importunes such other person to engage in such conduct. A person may not be convicted
of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited,
and there must be proof of circumstances corroborating both the solicitation and the defendant's
intent. (b) A person is not liable under this section if, under circumstances manifesting
a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited
of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities
or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.
The burden of injecting this issue is on the defendant, but this does not shift the burden
of proof. (c) A person is not liable under...
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