12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-19-178
Section 12-19-178 Distribution of docket fees - Misdemeanor cases in district court. (a) The
following distribution shall be made of docket fees for misdemeanor cases in district court:
(1) Seven dollars ($7) to the Police Officers' Annuity Fund. (2) Sixteen dollars ($16) to
the Fair Trial Tax Fund. (3) Sixty-four dollars ($64) to the State General Fund. (4) Five
dollars ($5) to the county general fund. (5) An arrest fee of five dollars ($5) to the State
General Fund or to the state funds prescribed by law; except, that the arrest fee shall be
paid into the county general fund in cases initiated by county law enforcement officers. (6)
Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district
attorney fees. (7) Five dollars ($5) to the Peace Officers' Standards and Training Fund, except
that the five dollars ($5) provided herein for the Peace Officers' Standards and Training
Fund shall not be assessed and collected in conservation cases. (8) Five...
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32-2-25
Section 32-2-25 Arrest fee; when fees and costs not to be paid by county. In all cases where
arrests are made by a state trooper, an arrest fee of $5.00 for such arrest shall be collected
by the proper authorities and promptly turned over to the Director of Public Safety, who shall
cover the same into the State Treasury to the credit of the General Fund; provided, that no
witness fee, arrest fee, mileage cost, or any other fees or costs shall be paid by any county
out of its funds to said department and no fine and forfeiture claim shall be issued against
the fine and forfeiture fund of any county to or for any such state trooper for or on account
of those cases brought in any court or before any grand jury by any such officer wherein no
indictment is found, the state fails to convict, or the indictment or complaint abates or
is nolle prossed or is withdrawn and filed in such case. (Acts 1953, No. 585, p. 828, §10;
Acts 1955, No. 44, p. 263, §1; Acts 1961, No. 834, p. 1237.)...
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45-14-81
Section 45-14-81 District Attorney's Fund. (a) The District Attorney for the 40th Judicial
Circuit shall maintain and keep a special fund known as the District Attorney's Fund. Any
funds on deposit in the treasuries of the counties in the circuit that generally would be
designated for appropriation to the District Attorney's Fund shall be transferred to the office
of the district attorney to be deposited and maintained in the District Attorney's Fund. (b)
All fees taxed as costs and collected in all criminal cases heretofore paid to the respective
county treasuries in the circuit for the District Attorney's Fund shall be paid directly to
the district attorney for deposit into the District Attorney's Fund. All other fees collected
by the district attorney including, but not limited to, fees collected by the Worthless Check
Unit and fees collected by forfeiture shall also be deposited in this fund. (c) The district
attorney shall make expenditures from the District Attorney's Fund for...
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45-2-231.90
Section 45-2-231.90 Baldwin County Sheriff Service of Process Serving Fund. (a) This section
shall only apply to Baldwin County. (b) The Baldwin County Sheriff Service of Process Serving
Fund is created and hereinafter referred to in this section as the fund. (c) The Sheriff of
Baldwin County, except for warrants for arrest, may contract with or enter into contract or
agreement with a private, public, or governmental entity for the purpose of service of process.
(d)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk,
sheriff, or other appropriate court official in the criminal division of the district and
circuit courts of Baldwin County, shall collect a service of process fee of twenty dollars
($20) per document which shall be paid into the fund. (2) In addition to all existing charges,
fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official
in the civil division of the district and circuit courts of Baldwin...
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45-2-80
Section 45-2-80 Fee for additional funding. In addition to the assessment and distribution
of the additional court costs and charges for Baldwin County circuit, district, and municipal
courts, there shall be assessed and collected in each case, excluding parking violations,
by the clerks of the courts an additional fee of two dollars ($2). When collected by the clerks
of the courts, the additional two dollar ($2) fee shall be deposited in the county treasury
and may be used only for additional funding of the office of the district attorney. The additional
revenue distributed to the office of the district attorney pursuant to this section shall
be in addition to a minimum of one hundred nine thousand seven hundred eighty dollars ($109,780)
provided annually by the county commission. (Act 2000-379, p. 599, §1.)...
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45-20-82.65
Section 45-20-82.65 Collection of fees; disposition of funds. After a matter has been transferred
to the district attorney under Section 45-20-82.63, a court shall assess a collection fee
of 30 percent of the funds due which shall be added to the amount of funds due. Any amount
collected pursuant to this subpart shall be distributed as follows: (1) Sixty-five percent
of the collection fee shall be distributed to the county District Attorney Fund to be expended
for lawful purposes for the operation of the office of the district attorney. Funds provided
to the district attorney by this subpart shall not reduce the amount payable to the district
attorney under any local law or general law or reduce or affect the amounts of funding of
the budget allocated by law. The funds shall be audited as all other state funds are audited.
(2) Ten percent of the collection fee shall be distributed to the Covington County General
Fund to be used by and solely for law enforcement purposes in the office...
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45-41-82.05
Section 45-41-82.05 Additional court cost - Circuit, district, and juvenile courts. (a) This
section shall apply only in Lee County. (b) In addition to any court costs now authorized
in the district, circuit, and juvenile courts of Lee County, there shall be assessed and collected
an additional court cost of fifty dollars ($50) in all civil and criminal cases, including
traffic cases in the district, circuit, and juvenile courts of the county except for protection
from abuse cases pursuant to Chapter 5, Title 30. (c)(1) Fifty percent of the additional court
costs collected pursuant to subsection (b) shall be deposited into the Lee County Circuit
Clerk's Fund and used for the same purposes as the fund is used on August 1, 2012. (2) Forty
percent of the additional court costs collected pursuant to subsection (b) shall be deposited
into the District Attorney's Fund and used for the payment of any and all expenses incurred
by the district attorney for law enforcement purposes and in the...
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45-8-82.20
Section 45-8-82.20 District Attorney's Fund. (a) The District Attorney for the Seventh Judicial
Circuit shall maintain and keep a special fund known as the District Attorney's Fund. Any
funds on deposit in the treasuries of the counties in the circuit that generally would be
designated for appropriation to the District Attorney's Fund shall be transferred to the office
of the district attorney to be deposited and maintained in the District Attorney's Fund. (b)
All fees taxed as costs and collected in all criminal cases heretofore paid to the respective
county treasury in the circuit, for the District Attorney's Fund, shall be paid directly to
the district attorney for deposit into the District Attorney's Fund. All other fees including,
but not limited to, fees collected by the Worthless Check Unit and fees collected by forfeiture
shall also be deposited in this fund. (c) The district attorney shall make expenditures from
the District Attorney's Fund for expenses incurred in performing...
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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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