|
45-23-82.09
Section 45-23-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner,
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Thirty-third Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23-82.09.htm - 3K - Match Info - Similar pages
12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-91.htm - 2K - Match Info - Similar pages
13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another person.
Factors to be considered in determining an implied threat include, but are not limited to,
the respective ages and sizes of the victim and the accused; the respective mental and physical
conditions of the victim and the accused; the atmosphere and physical setting in which the
incident was alleged to have taken place; the extent to which the accused may have been in
a position of authority, domination, or custodial control over the victim; or whether the
victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following: a. A person who suffers from a
mental or developmental disease or disability which renders the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-60.htm - 2K - Match Info - Similar pages
15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-4.htm - 9K - Match Info - Similar pages
32-6-31
Section 32-6-31 Terms of compact. The Driver License Compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form substantially
as follows: Driver License Compact Article I Findings and Declaration of Policy (a) The party
states find that: (1) The safety of their streets and highways is materially affected by the
degree of compliance with state and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct
which is likely to endanger the safety of persons and property. (3) The continuance in force
of a license to drive is predicated upon compliance with laws and ordinances relating to the
operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is
the policy of each of the party states to: (1) Promote compliance with the laws, ordinances
and administrative rules and regulations relating to the operation of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-31.htm - 10K - Match Info - Similar pages
33-6-10
Section 33-6-10 Enforcement of chapter, rules, etc.; prosecutions under chapter; violations
and penalties. (a) This chapter and rules and orders adopted under this chapter shall be enforced
by the State Board of Health and the State Department of Conservation and Natural Resources
according to rules adopted by the board and department. (b) Any person may complain under
oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter
or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district
attorney, or indictment returned by a grand jury, the charge shall be tried in court to which
the warrant is returnable, and the warrant may be made returnable to a district court or to
the circuit court and the courts shall have original and concurrent jurisdiction of the offense,
or if an indictment is returned, the circuit court shall have jurisdiction of the offense.
Convicted persons may appeal as now provided by law. Whether...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-6-10.htm - 2K - Match Info - Similar pages
34-6-32
Section 34-6-32 Application to probate judge; bond; issuance. No license shall be issued to
any person to operate any billiard room to which the public has access for amusement and recreation
who is not 19 years of age and a citizen of the United States or who has been convicted of
a felony. Application for license to operate a billiard room shall be first made to the probate
judge of the county in which the applicant proposes to conduct the business, in the form hereafter
provided, and no license shall be issued by any city or town to any person to engage in such
business until after such person has made application to and has been granted a license by
the probate judge of the county in which such city or town is located. Every application for
license shall be accompanied by the affidavit of the applicant, sworn to before an officer
authorized by law to administer oaths: that the applicant is a citizen of the United States,
that he or she is of good moral character, that he or she has...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-6-32.htm - 2K - Match Info - Similar pages
15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-10-3.htm - 4K - Match Info - Similar pages
15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-4.htm - 8K - Match Info - Similar pages
15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-34.htm - 6K - Match Info - Similar pages
|