13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating and mitigating circumstances; court to enter written findings. (a) After the sentence hearing has been conducted, and after the jury has returned a verdict, or after such a verdict has been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall impose sentence. Where the jury has returned a verdict of death, the court shall sentence the defendant to death. Where a sentence of death is not returned by the jury, the court shall sentence the defendant to life imprisonment without parole. This code section shall not affect a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall permit the parties to present arguments concerning the existence of aggravating and mitigating circumstances and the proper sentence to be imposed in the case....
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files an objection to the granting of a petition under this chapter, the court having jurisdiction over the matter shall set a date for a hearing no sooner than 14 days from the filing of the objection. The court shall notify the prosecuting authority and the petitioner of the hearing date. In the discretion of the court, the court shall consider the following factors: (1) Nature and seriousness of the offense committed. (2) Circumstances under which the offense occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5) Whether the offense was an isolated or repeated incident. (6) Other conditions which may have contributed to the offense. (7) An available probation or parole record, report, or recommendation. (8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner plead guilty to another related or lesser...
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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city attorney, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the city attorney or any agency or service provider in furtherance of the application and evaluation process and the same will be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.10.htm - 3K - Match Info - Similar pages
45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city attorney, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the city attorney or any agency or service provider in furtherance of the application and evaluation process and the same shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.09.htm - 3K - Match Info - Similar pages
45-37A-160.09
Section 45-37A-160.09 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city prosecutor, the city prosecutor and the offender shall submit the written application of the offender, the acceptance of the offender by the city prosecutor, and the agreement between the city prosecutor and the offender to the municipal court judge presiding over the affected case of the offender for approval. The offender shall also enter a plea of guilty to the charge or charges involved. If the municipal court judge rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall still be liable for any actual expenses already incurred by the city prosecutor or any agency or service provider in furtherance of the application and evaluation process and the same shall be deducted from any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city prosecutor, the city prosecutor and the offender shall submit the written application of the offender, the acceptance of the offender by the city prosecutor, and the agreement between the city prosecutor and the offender to the municipal court judge presiding over the affected case of the offender for approval. The offender shall also enter a plea of guilty to the charge or charges involved. If the municipal court judge rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall still be liable for any actual expenses already incurred by the city prosecutor or any agency or service provider in furtherance of the application and evaluation process and the same shall be deducted from any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city prosecutor, the city prosecutor and the offender shall submit the written application of the offender, the acceptance of the offender by the city prosecutor, and the agreement between the city prosecutor and the offender to the municipal court judge presiding over the affected case of the offender for approval. The offender shall also enter a plea of guilty to the charge or charges involved. If the municipal court judge rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall still be liable for any actual expenses already incurred by the city prosecutor or any agency or service provider in furtherance of the application and evaluation process and the same shall be deducted from any money so refunded to the offender. (b) Upon approval of the agreement and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.29.htm - 3K - Match Info - Similar pages
45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city judge, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city judge, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the probation officer or any agency or service provider in furtherance of the application and evaluation process and the same will be deducted from any money so refunded to the offender. (b) Upon approval...
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of Section 9-8-26 are not being observed on particular lands and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the circuit court of the county in which the land of the defendant may lie, a complaint, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner to observe such regulations and to perform particular work, operations or avoidances as required thereby and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district and requesting the court to...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment, information, complaint or warrant charging the offense may include a specification of sexual motivation or the prosecuting attorney may file an allegation of sexual motivation in any criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact. (2) If a specification is included in the indictment, count in the indictment, information, complaint, or warrant charging the offense the specification shall be stated at the end of the body of the indictment, count in the indictment, information, complaint, or warrant and shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the offender committed the offense with a sexual motivation." (3) If the...
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