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15-22-50
Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted
person on probation. Circuit courts and district courts, subject to the provisions and conditions
hereinafter provided, may suspend execution of sentence and place on probation any person
convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not
be permitted to waive placement on probation by the sentencing court. The court shall have
no power to suspend the execution of sentence imposed upon any person who has been found guilty
and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15
years. Except as provided in the preceding sentence, the court, after a plea of guilty, after
the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty
by the court, may suspend execution of sentence and place the defendant on probation, or may
impose a fine within the limits fixed by law and also place the...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a
man who has established a father-child relationship under Article 3. (2) "Adjudicated
father" means a man who has been adjudicated by a court of competent jurisdiction to
be the father of a child. (3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means
a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine
insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and
transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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32-5A-307
Section 32-5A-307 Administrative hearing. (a) Any person who has received a notice of intended
suspension pursuant to Section 32-5A-303 or a notice of suspension pursuant to Section 32-5A-302
where no notice of intended suspension was served may request an administrative hearing. A
request for an administrative hearing shall be in writing and shall be hand delivered or mailed
to the Alabama Department of Public Safety, Driver License Division, in Montgomery, Alabama.
The request shall be received by the department or be mailed and postmarked within 10 days
of the notice of intended suspension issued pursuant to Section 32-5A-303 or the notice of
suspension issued pursuant to Section 32-5A-302 where no notice of intended suspension was
served. Failure to request an administrative hearing within 10 days shall constitute a waiver
of the person's right to an administrative hearing and judicial review under this article.
If the driver's license of the person has not been previously...
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45-26A-70.11
Section 45-26A-70.11 Judicial action to prevent improper changes; damages. The commission,
or Wetumpka, shall be authorized to institute any appropriate action or proceeding in a court
of competent jurisdiction to prevent any change in the exterior of a building or structure
which is either an historic property or which is contained in an historic district, except
in compliance with the provisions of an ordinance adopted in conformity with this article,
or to prevent any illegal act or conduct with respect to such historic property, or historic
district, and to recover any damages which may have been caused by the violation of that ordinance.
(Act 89-718, p. 1433, §12.)...
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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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15-13-105
Section 15-13-105 Order of bail in warrantless arrest cases. In cases where a defendant is
arrested without a warrant and taken into custody and there is no standard bail schedule prescribed
by the presiding judge of the court of jurisdiction for the amounts of bail for such arrests
without warrants, then the arresting officer shall, as soon as possible, contact a judicial
officer for an order of bail. If the arresting officer is unable to contact the judicial officer
having jurisdiction of the case, the arresting officer may contact any judicial officer having
the authority to set bail in that judicial circuit to issue the order of bail. If no judicial
officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail
shall be set by operation of law and the amount of bail shall be that amount prescribed as
the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided,
however, in violation and misdemeanor cases the minimum...
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15-13-107
Section 15-13-107 Who may or shall accept, take, and approve bail and under what circumstances.
(a) Judges of any court within the State of Alabama may accept, take, and approve bail within
the jurisdiction of their respective courts. (b) Circuit, district, and municipal court clerks,
including magistrates, may accept, take, and approve bail within the jurisdiction of their
respective courts. (c) Only judicial officers and circuit, district, and municipal court clerks
or a designee of the court may accept and approve appeal bonds and cash bonds. Provided, however,
that any person designated by the court to receive cash bonds, shall be bonded to receive
court moneys and have the written approval of their chief administrative officer. Clerks of
the courts of Alabama may delegate to their employees the right to accept and approve appeal
bonds and cash bonds. (d) Sheriffs of the state and chiefs of police having custody of a defendant
may accept, take, and approve property or professional...
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15-13-111
Section 15-13-111 Kinds of bail. For persons arrested and taken into custody, there shall be
four kinds of bail used in this state. No other form of bail may be approved and accepted
by any judicial officer, court clerk, magistrate, or any other person designated to accept
and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive.
The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional
surety bail. Their definitions are as follows: (1) CASH BAIL. Cash bail is when the defendant
or some person on behalf of the defendant deposits cash in an amount equal to a part or the
total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to Division 9. (2) JUDICIAL PUBLIC BAIL.
Judicial public bail is the release of any defendant without any condition of an undertaking
relating to, or a deposit of, security. Such bail shall be granted...
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2-22-6
Section 2-22-6 Cancellation or refusal of licenses. The commissioner is authorized and empowered
to cancel the license of any licensee or refuse to issue a license to any applicant upon satisfactory
evidence that the licensee or applicant has used fraudulent or deceptive practices in the
evasions or attempted evasions of the provisions of this chapter or any rules and regulations
promulgated thereunder; provided, that no license shall be revoked or refused until the licensee
shall have been given the opportunity to appear for a hearing before the board, with the further
opportunity of appealing to a court of competent jurisdiction for judicial review of such
revocation or refusal. (Acts 1969, No. 434, p. 840, §20.)...
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37-2-45
Section 37-2-45 Recovery of penalties or forfeitures. A civil action to recover the forfeitures
provided for in this chapter may be brought at any time within two years from the date the
offense was committed or forfeiture was incurred in the name of the State of Alabama, in any
court of competent jurisdiction in any county in which the transportation company is engaged
in business. In such action any number of forfeitures incurred up to the time of commencing
the same and not previously recovered may be sued for and recovered, or separate actions may
be brought for each penalty or forfeiture, and the commencement of an action to recover a
forfeiture shall not be, or be deemed to be, a waiver of the right to recover any other forfeitures.
(Acts 1909, No. 31, p. 39; Code 1923, §10070; Code 1940, T. 48, §162.)...
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