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13A-6-143
Section 13A-6-143 Arrest for violation of article. A law enforcement officer may arrest any
person for the violation of this article if the officer has probable cause to believe that
the person has violated any provision of a valid domestic violence protection order, whether
temporary or permanent. The presentation of a domestic violence protection order constitutes
probable cause for an officer to believe that a valid order exists. For purposes of this article,
the domestic violence protection order may be inscribed on a tangible copy or may be stored
in an electronic or other medium if it is retrievable in a detectable form. Presentation of
a certified copy of the domestic violence protection order is not required for enforcement
or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence
protection order is not presented to or otherwise confirmed by a law enforcement officer,
the officer may consider other information in determining whether there is...
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13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic violence
in the third degree if the person commits the crime of assault in the third degree pursuant
to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section
13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime
of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications
pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third
degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third
degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree
pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
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45-35-232.30
Section 45-35-232.30 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to this subpart shall be subject to revocation
of release if there is probable cause to believe he or she has committed a felony or misdemeanor
while released. b) A proceeding for revocation of release pursuant to this section, shall
be initiated by any person responsible for administering this subpart giving notice to the
district attorney. When the district attorney receives a notice, a warrant for the arrest
of a person who is charged with violating the conditions of release pursuant to this section
shall be issued by any officer authorized to issue warrants on the affidavit of the district
attorney, any assistant district attorney, or any person responsible for administering this
subpart. The person arrested under a warrant pursuant to this section shall be brought before
a judicial officer in the county. An order of revocation shall not be...
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45-36-232.31
Section 45-36-232.31 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to Section 45-36-232.28 and as to whom
there is probable cause to believe he or she has committed a felony or misdemeanor while released,
shall be subject to revocation of release. (b) Proceedings for revocation of release for the
ground in this provision, may be initiated by any person responsible for administering this
subpart giving notice to the district attorney. After the district attorney has received such
notice, a warrant for the arrest of a person who is charged with violating the conditions
of release under this section, may be issued by any officer authorized to issue warrants,
on the affidavit of the district attorney or any assistant district attorney, or on the affidavit
of any person responsible for administering this subpart. The person arrested under such a
warrant shall be brought before a judicial officer in the county. No...
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45-45-233.31
Section 45-45-233.31 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to Section 45-45-233.28 and as to whom
there is probable cause to believe he or she has committed a felony or misdemeanor while released,
shall be subject to revocation of release. (b) Proceedings for revocation of release for the
ground in this section, may be initiated by any person responsible for administering this
subpart giving notice to the district attorney. After the district attorney has received notice,
a warrant for the arrest of a person who is charged with violating the conditions of release
under this section, may by issued by any officer authorized to issue warrants, on the affidavit
of the district attorney or any assistant district attorney, or on the affidavit of any person
responsible for administering this subpart. The person arrested under such a warrant shall
be brought before a judicial officer in the county. No order of...
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45-49-235.11
Section 45-49-235.11 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to this part and as to whom there is probable
cause to believe has committed a felony or misdemeanor while released, shall be subject to
the revocation of his or her release. (b) Proceedings for revocation of release for the grounds
stated in this section, may be initiated by any person responsible for administering this
part after notice to the district attorney. After the district attorney has received such
notice, a warrant for the arrest of a person who is charged with violating the conditions
of release under this section, may be issued by any officer authorized to issue warrants upon
the affidavit of the district attorney or any assistant district attorney, or upon the affidavit
of any person responsible for administering this part. The person arrested under such warrant
shall be brought before a judicial officer. No order of revocation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-235.11.htm - 1K - Match Info - Similar pages
13A-3-27
Section 13A-3-27 Use of force in making an arrest or preventing an escape. (a) A peace officer
is justified in using that degree of physical force which he reasonably believes to be necessary,
upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of
a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor,
violation or violation of a criminal ordinance, unless the peace officer knows that the arrest
is unauthorized; or (2) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of physical force while making or attempting to make an arrest
for a misdemeanor, violation or violation of a criminal ordinance, or while preventing or
attempting to prevent an escape from custody of a person who has been legally arrested for
a misdemeanor, violation or violation of a criminal ordinance. (b) A peace officer is justified
in using deadly physical force upon another person when...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged
with a felony offense, except a violent offense as defined in Section 12-25-32, may file a
petition in the criminal division of the circuit court in the county in which the charges
were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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11-43-210
Section 11-43-210 Reserve law enforcement officers; appointment by city or town; qualifications;
powers. (a) The appointing authority of any city or town in the State of Alabama may appoint,
with or without compensation, one or more reserve law enforcement officers to assist or aid
full-time or part-time certified law enforcement officers as defined by this section. Reserve
law enforcement officers appointed pursuant to this section shall serve at the pleasure of
the municipal appointing authority. (b) Any person desiring appointment as a reserve law enforcement
officer after April 12, 1990, shall submit a written application to the municipal appointing
authority certifying that the applicant is 19 years of age or older, of good moral character
and reputation, and that he or she has never been convicted of a felony or of a misdemeanor
involving force, violence, or moral turpitude. The applicant must also consent in writing
to a fingerprint and background search. (c) For the purposes of...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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