15-12-20
Section 15-12-20 Matters to be ascertained by trial judges as to representation of defendants
prior to arraignment. In all criminal cases, including paternity cases, and civil and criminal
nonsupport cases which may result in the jailing of the defendant, in any court of this state
created by authority of the Constitution of Alabama of 1901, as amended, when a defendant
is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain
from the accused, or otherwise: (1) Whether or not the defendant has arranged to be represented
by counsel; (2) Whether or not the defendant desires the assistance of counsel; and (3) Whether
or not the defendant is able financially or otherwise to obtain the assistance of counsel
in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108;
Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act...
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15-13-142
Section 15-13-142 Judicial public bail - Authority of release person. Only a judicial officer
may release a person on judicial public bail. The judicial officer shall have jurisdiction
over the case and defendant in order to release the defendant on judicial public bail. The
judicial officer shall have a hearing for the person and determine if the person meets the
requirements of this article. (Acts 1993, No. 93-677, p. 1259, §43.)...
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32-5-316
Section 32-5-316 Courts may prohibit operation of motor vehicles by persons convicted of violation
of automobile laws. Whenever a defendant is convicted by any court of competent jurisdiction
of operating a motor vehicle in violation of any criminal statute or ordinance, the court
trying the case, in its discretion, may, in addition to the other punishment fixed by law,
enter an order forbidding such person to drive a motor vehicle upon any street or highway
in the State of Alabama for a period to be specified by the court, or perpetually, as the
court may determine. Any person driving a motor vehicle in violation of such an order of court
shall be guilty of a misdemeanor. Any defendant against whom such an order has been entered
shall have the same right of appeal and supersedeas as is now granted him or her with reference
to the sentence of the court imposing punishment fixed by law, and the appellate court shall
have the right to modify or annul the order forbidding the operation by...
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6-9-140
Section 6-9-140 Conveyance of title by sale under judicial process. A sale regularly made by
virtue of judicial process issuing from a court of competent jurisdiction shall convey the
title as effectually as if the sale was made by the person against whom the process issues.
(Code 1907, §4125; Code 1923, §7840; Code 1940, T. 7, §552.)...
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9-17-177
Section 9-17-177 Enforcement. The council is authorized to bring an action in a court of competent
jurisdiction to specifically enforce this article and prevent or restrain any person from
violating any provisions of this article. If the council prevails in an action for compliance
under this section, a court may require payment by the defendant of the costs incurred by
the council in bringing the action. (Act 2009-580, p. 1707, §8.)...
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35-11-111
Section 35-11-111 Right to enforce lien by attachment. Any person entitled thereto may enforce
such lien in any court of competent jurisdiction, by attachment issued by any officer authorized
to issue such writs, upon executing bond as in other cases of attachment, and upon making
affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant,
and describing the property on which the lien is claimed and setting forth all the facts necessary
to the creation of the lien under Section 35-11-110, and the amount due, and that one of the
following causes of attachment exists: (1) That the person for whom such vehicle, implement,
machine, or article was made or repaired, or to whom sold, is the owner thereof, and that
the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some
part of either, is due and unpaid. (2) That the person for whom such vehicle, implement, machine,
or article was made or repaired, or to whom sold,...
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6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal representative
may commence an action and recover such damages as the jury may assess in a court of competent
jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere,
for the wrongful act, omission, or negligence of any person, persons, or corporation, his
or her or their servants or agents, whereby the death of the testator or intestate was caused,
provided the testator or intestate could have commenced an action for the wrongful act, omission,
or negligence if it had not caused death. (b) The action shall not abate by the death of the
defendant, but may be revived against his or her personal representative and may be maintained
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence. (c) The damages recovered are not subject to the payment of
the debts or liabilities of the testator or...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a
pretrial diversion program established under this division shall be brought before a court
of competent jurisdiction and shall satisfy each of the following requirements: (1) Voluntarily
waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling
of periods of limitations established by statutes or rules of court while in the program.
(3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering
into any agreement or seeking entry into a pretrial diversion program created pursuant to
this division, an offender must be represented by counsel or waive his or her right to have
counsel before a judge of a court of competent jurisdiction. If the offender is indigent,
nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this...
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35-1-2
Section 35-1-2 Inter vivos gift of assets void if donor left without means of support. (a)
All inter vivos gifts of assets, including but not limited to money, lands, or buildings,
are void if the donor is left without means of support and does not reserve for himself for
life an adequate amount separate from that gift to provide for his subsistence; provided,
that this section shall not apply to any gift not expressly and specifically declared void
hereunder by an administrative or judicial tribunal of competent jurisdiction within the two-year
period immediately following the date of the gift. (b) As used in this section, unless the
context clearly requires a different meaning, "subsistence" means that amount of
money or its equivalent necessary to provide one with the minimum necessities of life, such
as food, clothing, shelter, and medical care. (Acts 1977, No. 803, p. 1385.)...
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