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45-37-81.04
Section 45-37-81.04 District, circuit and municipal courts - Solicitor's fee. (a) In all juvenile,
traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal
courts in the Birmingham Division and the Bessemer Division of Jefferson County, a docket
fee, hereinafter referred to as a solicitor's fee, shall be assessed in each case. The fees,
when collected, shall be distributed monthly as follows: Three dollars ($3) from each case
to the circuit clerk to be deposited into the circuit clerk's fund or, if the case originates
in the municipal court, three dollars ($3) to the municipal court clerk to be deposited into
the municipal clerk's fund or the fund otherwise established for the operation of the office
of the municipal court, to be used as provided by law for the operation of the office of the
circuit court clerk or municipal court clerk as the case may be and the remainder of each
fee to the Solicitor's Fund or District Attorney's Fund in the...
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15-18-142
Section 15-18-142 Definitions. Unless the context clearly requires otherwise or unless different
meanings are expressly specified in subsequent provisions of this article, wherever used in
this article, in the singular or plural case, the following terms shall mean: (1) PERSON.
a. A human being. b. A public or private corporation, an unincorporated association, a partnership,
or other entity established by law. c. A government or governmental instrumentality, including,
but not limited to the State of Alabama or any political subdivision thereof. (2) RESTITUTION.
An amount of money ordered by a court to be paid to a clerk or other person by a defendant
for the use and benefit of a victim of the defendant's criminal offense. (3) DEFENDANT. A
person, as defined, who has been ordered by a court to pay restitution. (4) CRIMINAL OFFENSE.
Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine
is provided by any law of this state or by any law, local law,...
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45-27-82
Section 45-27-82 Recovery of court costs. (a) The office of the district attorney serving Escambia
County, Alabama, shall be allowed to establish a court cost recovery division for the purpose
of collecting assessments, costs, fees, fines, or forfeitures due to be paid to the State
of Alabama, Escambia County, municipalities within Escambia County, or any agency or subdivision
of these governments as a result of any court action or proceeding. (b) The court, the clerk
of the court, or a probation officer shall notify the district attorney in writing when any
bail bond forfeitures, court costs, fines, penalty assessments, crime victims' compensation
assessments, or like assessments in any civil or criminal proceeding ordered by the court
to be paid to the state or municipality have been paid or are in default and the default has
not been vacated. Upon notification to the district attorney, the court cost recovery division
of the district attorney's office may collect or enforce the...
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6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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12-14-51
Section 12-14-51 Magistrates deemed chief officers of agency; appointment and powers of magistrates.
(a) The magistrates shall be considered the chief officers of the municipal court administrative
agency. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates
by class or position and, in addition thereto, provide for the appointment of other magistrates
by the Administrative Director of Courts, upon recommendation by municipal judges. (c) The
powers of a magistrate shall be limited to the following: (1) Issuance of arrest warrants.
(2) Granting of bail in minor misdemeanor prosecutions in accordance with the discretionary
bail schedule and approving property, cash, and professional surety bonds upon a municipal
judge's approval. (3) Receiving of pleas of guilty in minor misdemeanors where a schedule
of fines has been prescribed by rule. (4) Accountability to the municipal court for all uniform
traffic tickets and complaints issued, including all...
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6-5-154
Section 6-5-154 Violations constituting contempt; proceedings thereon. (a) In case of the violation
of any injunction or closing order granted under the provisions of this division or of any
restraining order or the commission of any contempt of court in proceedings under this division,
the court or the judge thereof may try and punish the offender. The proceedings shall be commenced
by filing with the register or clerk of the court a complaint under oath setting out and alleging
facts constituting such violation, upon which the court or judge shall cause a warrant to
issue, under which the defendant shall be arrested; he may be released on bond, pending the
hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may
demand the production and oral examination of witnesses. (b) A party found guilty of contempt
under the provisions of this section shall be punished by a fine of not less than $100 nor
more than $200, or by imprisonment in the county jail...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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30-4-62
Section 30-4-62 Release of defendant on probation by circuit court; authority of juvenile court
as to probationer. In the event the appeal goes to the circuit court and the defendant shall
be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded
to jail to answer said judgment, and in the event that such judgment and sentence is suspended
and the defendant is released on probation, the court shall inform him as to his duties under
such probation order, and cause the probation bond provided for in this article to be filed
with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter
be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile
court as provided for in this article. Upon the entry of such judgment, said circuit court
shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which,
when so filed, shall thereupon become also the judgment of...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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45-36-232.28
Section 45-36-232.28 Release pending trial; conditions; order; notice. (a) Any person in Jackson
County charged with an offense, at his or her appearance before a judicial officer, may be
ordered released pending trial on his or her personal recognizance or upon the execution of
an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial
officer determines, in the exercise of his or her discretion, that such a release will not
reasonably assure the appearance of the person as required. When such a determination is made,
the judicial officer, either in lieu of or in addition to the above methods of release, shall
impose the first of the following conditions of release which will reasonably assure the appearance
of the person for trial or, if no single condition gives that assurance, any combination of
the following conditions: (1) Place the person in the custody of a designated person agreeing
to supervise him or her. (2) Place restrictions on the...
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