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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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15-13-149
Section 15-13-149 Order of release. A judicial officer authorizing the release of a person
shall issue an appropriate order containing a statement of the conditions imposed, and shall
advise the person that a warrant of arrest or other court order shall be issued against the
person terminating the release and committing the person to jail upon any violation of the
conditions of the release. The court shall provide a copy of the order to the defendant and
shall serve a copy on the district attorney, or prosecuting officer of the court and the person's
counsel of record, if any. (Acts 1993, No. 93-677, p. 1259, §50.)...
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12-25-35
Section 12-25-35 Use of voluntary sentencing standards. (a) In felony cases, a probation officer,
the district attorney, or some other person appointed at the discretion of the sentencing
judge, and within the time frame set by the judge, shall, after notice to the offender or
his or her attorney, present a completed appropriate voluntary sentencing standards worksheet
to the sentencing judge for consideration. (b) The trial court shall review the sentencing
standards worksheet and consider the suitability of the applicable voluntary sentencing standards
established pursuant to this article. In imposing sentence, the court shall indicate on the
record that the worksheet and applicable sentencing standards have been reviewed and considered.
(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary
standards, and sentences outside the voluntary sentencing standards in accordance with existing
law, the court may provide a brief written reason for...
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14-14-5
Section 14-14-5 Medical release application; eligibility factors; revocation; notice. (a) An
inmate, or any concerned person, including, but not limited to, the inmate's attorney, family,
physician, or an employee or official of the department may initiate consideration for medical
furlough by submitting to the department an initial medical release application form along
with supporting documentation. (b)(1) The initial application form shall include the report
of a physician or physicians employed by the department or its health care provider and a
notarized report of at least one other duly licensed physician who is board certified in the
field of medicine for which the inmate is seeking a medical furlough and who is not an employee
of the department. These reports shall each be of the opinion that the inmate is either terminally
ill, permanently incapacitated, or that the inmate suffers from a chronic infirmity, illness,
or disease related to aging. (2) The commissioner shall...
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32-5A-8
Section 32-5A-8 Violations as misdemeanor; penalties. (a) It is a misdemeanor for any person
to violate any of the provisions of this chapter or of Title 32, unless such violation is
by this chapter or other law of this state declared to be a felony. (b) Every person convicted
of a misdemeanor for a violation of any of the provisions of this chapter for which another
penalty is not provided, shall for a first conviction thereof be punished by a fine of not
more than $100.00 or by imprisonment for not more than 10 days; for conviction of a second
offense committed within one year after the date of the first offense, such person shall be
punished by a fine of not more than $200.00 or by imprisonment for not more than 30 days or
by both such fine and imprisonment; for conviction of a third or subsequent offense committed
within one year after the date of the first offense, such person shall be punished by a fine
of not more than $500.00 or by imprisonment for not more than three months or...
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13A-10-40
Section 13A-10-40 Bail jumping in the second degree. (a) A person commits the crime of bail
jumping in the second 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 any misdemeanor or Class C felony, he fails to appear
at that 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) This section does not apply
to a person released from custody on condition that he will appear in connection with a charge
of having committed a misdemeanor in violation of Title 32 of this Code. (d) Bail jumping
in the second degree is a Class A misdemeanor. (Acts...
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15-10-14
Section 15-10-14 Detention and arrest of person suspected of larceny of goods held for sale.
(a) A peace officer, a merchant or a merchant's employee who has probable cause for believing
that goods held for sale by the merchant have been unlawfully taken by a person and that he
can recover them by taking the person into custody may, for the purpose of attempting to effect
such recovery, take the person into custody and detain him in a reasonable manner for a reasonable
length of time. Such taking into custody and detention by a peace officer, merchant or merchant's
employee shall not render such police officer, merchant or merchant's employee criminally
or civilly liable for false arrest, false imprisonment or unlawful detention. (b) Any peace
officer may arrest without warrant any person he has probable cause for believing has committed
larceny in retail or wholesale establishments. (c) A merchant or a merchant's employee who
causes such arrest as provided for in subsection (a) of...
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36-21-124
Section 36-21-124 Limitation of powers. The powers of police officers appointed by a tribe
pursuant to this article may be exercised only upon the premises of the reservation of the
tribe, and a police officer may not otherwise act as a police officer while off the premises
of his or her reservation, except under either of the following conditions: (1) When in appropriate
pursuit off the reservation of any offender or suspected offender who is charged with the
commission of a crime while on the premises of the reservation. (2) To make lawful arrests
for a felony committed, or for which there is probable cause to believe has been committed,
in the presence of the police officer or within the boundaries of the property owned or operated
by the tribe. (Act 99-527, p. 1152, §5; Act 2018-393, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-21-124.htm - 1K - Match Info - Similar pages
15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal
offense, a violation, a traffic violation, or a municipal ordinance violation 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) When the person has been found not guilty of the charge. (4) When the charge was
dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
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