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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged
with a felony offense, except a violent offense as defined in Section 12-25-32, may file a
petition in the criminal division of the circuit court in the county in which the charges
were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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2-2-14.1
Section 2-2-14.1 Appearance upon arrest for misdemeanor livestock violations. (a) Whenever
any person is arrested by livestock theft investigators of the Alabama Department of Agriculture
and Industries under Section 2-2-14 for misdemeanor violations of livestock sanitary and disease
control laws and regulations, or any other laws and regulations governing the handling, movement,
or sale of livestock, all punishable as a misdemeanor, the arresting officer shall take the
name and address of such person and issue a summons or otherwise notify him in writing to
appear at a time and place to be specified in such summons or notice. Upon the person signing
said summons or notice, the officer shall forthwith release him from custody. (b) If the arrested
person shall refuse to identify himself by giving his name and address, or shall refuse to
sign the summons or notice, then the arresting officer shall immediately take such person
before the nearest and most accessible district judge or...
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11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
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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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13A-4-5
Section 13A-4-5 Consummation of object offense not defense to prosecution; multiple convictions
on basis of same course of conduct. (a) It is no defense to a prosecution for criminal solicitation,
Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the
offense solicited, attempted or conspired was actually committed. (b) A person may not be
convicted on the basis of the same course of conduct of both the actual commission of an offense
and: (1) An attempt to commit the offense; or (2) Criminal solicitation of the offense; or
(3) Criminal conspiracy of the offense. (c) A person may not be convicted of more than one
of the offenses defined in Sections 13A-4-1, 13A-4-2 and 13A-4-3 for a single course of conduct
designed to commit or to cause the commission of the same crime. (Acts 1977, No. 607, p. 812,
ยง1020.)...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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33-5-66
Section 33-5-66 Violations; penalties. (a) Any person of whom a boater safety certification
is required, who operates a motorized vessel on the waters of this state as the terms are
defined in Section 33-5-3, without first complying with this article, or the rules and regulations
promulgated, shall be guilty of a Class B misdemeanor, and, upon conviction is punishable
as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less
than twenty-five dollars ($25). (b) Any person who knowingly gives permission to operate a
motorized vessel on the waters of this state, as the terms are defined in Section 33-5-3,
to another person who is required to have a boater safety certification pursuant to this article
and who does not have a boater safety certification in compliance with this article, or to
another person required to be accompanied pursuant to this article and who is not accompanied
in compliance with this article, shall be guilty of a Class C...
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8-19-8
Section 8-19-8 Restraining orders. (a) Whenever the office of the Attorney General or the office
of the district attorney has reason to believe that any person is engaging in, has engaged
in or is about to engage in any act or practice declared to be unlawful by this chapter, the
Attorney General or the district attorney may bring an action in the name of the state against
such person to restrain by temporary restraining order, temporary or permanent injunction
such acts or practices. However, unless the Attorney General or district attorney determines
that a person subject to the provisions of this chapter designs quickly to depart from this
state or to remove his property therefrom, or to conceal himself or his property therein,
or to continue practices unlawful under this chapter, he shall, before initiating any legal
proceedings is contemplated, allow such person a reasonable opportunity to appear before the
Attorney General or district attorney and solve the dispute to the...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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12-22-190
Section 12-22-190 Purpose of division. The Legislature is aware that it has become settled
law that a state may or may not authorize appeals from judgments of convictions in criminal
cases and certain other related proceedings involving the life, liberty or property of a person
convicted of a criminal offense; further, that if a state does provide for appeals in criminal
cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are
without funds and unable to pay the fees of the court reporter for transcribing the evidence
or the fees of the clerk for preparing the record for review on appeal may be denied equal
protection of the law or due process of law. It is the purpose of this division to provide
such defendants or petitioners with a transcript of the evidence, or a part thereof, and a
record for a proper and equal review in certain criminal cases and such other cases wherein
it is made to appear that a convicted defendant is indigent and desires to...
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