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15-5-17
Section 15-5-17 Searching of person charged with felony for weapon or evidence in judge's or
magistrate's presence. When a person charged with a felony is supposed by the judge or the
magistrate before whom he is brought to have upon his person a dangerous weapon or anything
which may be used as evidence of the commission of the offense, the judge or the magistrate
may direct him to be searched in his presence and such weapon or other thing to be retained,
subject to the order of the court in which the defendant may be tried. (Code 1852, §844;
Code 1867, §4395; Code 1876, §4024; Code 1886, §4745; Code 1896, §5502; Code 1907, §7775;
Code 1923, §5489; Code 1940, T. 15, §118.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-17.htm - 1K - Match Info - Similar pages
15-26-4
Section 15-26-4 Utilization of audio-video communication by law enforcement officer. Any law
enforcement officer issuing a Uniform Traffic Ticket and Complaint or a Uniform Non-Traffic
Citation and Complaint within the jurisdiction of the court may utilize audio-video communication
equipment to acknowledge under oath facts alleged on the complaint. The audio-video communication
shall operate in a manner which will allow the judge or magistrate and the law enforcement
officer to simultaneously view and verbally communicate with each other. (Acts 1996, No. 96-732,
p. 1224, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-26-4.htm - 890 bytes - Match Info - Similar pages
11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-65.htm - 11K - Match Info - Similar pages
15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-5.htm - 2K - 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
12-19-10
Section 12-19-10 Local purchasing procedures. In order to facilitate the prompt purchase and
delivery of equipment, clerical office supplies, court forms, stationery and other printed
court supplies, hereinafter referred to as "clerical office supplies," used by and
in the offices of circuit judges, district judges, circuit clerks, district clerks, registers,
court administrators, official court reporters, magistrates and jury commissions, the presiding
circuit judge of each judicial circuit is hereby authorized to administer local purchasing
procedures within such judicial circuit and each county thereof as provided in this section.
(1) Not more than 90 days prior to the beginning of each fiscal year, each circuit judge,
district judge, circuit clerk, district clerk, register, court administrator, official court
reporter, magistrate and each jury commission shall submit to the Administrative Director
of Courts a written estimate of the costs of clerical office supplies anticipated to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-10.htm - 3K - Match Info - Similar pages
15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-3.htm - 4K - Match Info - Similar pages
12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-330.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-107.htm - 2K - Match Info - Similar pages
15-23-17
Section 15-23-17 Assessment of additional costs and penalties; collection and disposition of
additional assessments, etc. (a) In all criminal and quasi-criminal proceedings for the violation
of laws of the state or municipal ordinances which are tried in any court or tribunal in this
state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile
delinquent or youthful offender, or wherein a bond is forfeited and the result of the forfeiture
is a final disposition of the case or wherein any penalty is imposed, there is imposed an
additional cost of court in the amount of two dollars ($2) for each traffic infraction, ten
dollars ($10) in each proceeding where the offense constitutes a misdemeanor and/or a violation
of a municipal ordinance other than traffic infractions, and fifteen dollars ($15) in each
proceeding where the offense constitutes a felony , but there shall be no additional costs
imposed for violations relating to parking of vehicles. The...
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