15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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15-16-43
Section 15-16-43 Commitment of defendant upon finding of mental illness. If, at the final hearing,
the court finds that the defendant is mentally ill and as a consequence of such mental illness
poses a real and present threat of substantial harm to himself or to others, the court shall
order the defendant committed to the custody of the Commissioner of the Alabama State Department
of Mental Health or to such other public facility as the court may order. If the court does
not make such a finding, then the defendant shall be released from custody forthwith. (Acts
1981, No. 81-708, p. 1189, §3.)...
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15-16-62
Section 15-16-62 Defendant not released from custody unless authorized by court order. When
a defendant in a criminal case has been committed to the custody of the commissioner of the
department or another facility as provided by Section 15-16-43, such department or facility
may not release such defendant from custody unless authorized to do so by court order as provided
in this article. (Acts 1988, No. 88-581, p. 906, §3.)...
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15-11-9
Section 15-11-9 When defendant to be discharged. If upon the whole evidence in a preliminary
examination it appears to the court that no offense has been committed or that there is no
probable cause for charging the defendant therewith, the defendant must be discharged. (Code
1852, §461; Code 1867, §4010; Code 1876, §4680; Code 1886, §4287; Code 1896, §5236; Code
1907, §7604; Code 1923, §5237; Code 1940, T. 15, §139.)...
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45-34-80.41
Section 45-34-80.41 Written plea of not guilty; waiver of arraignment. (a) This section shall
apply only to the Twentieth Judicial Circuit of Alabama. (b) If a defendant in a criminal
case pending in a court of competent jurisdiction shall enter a written plea of not guilty
at any time prior to the day of his or her arraignment, such plea shall constitute a waiver
of his or her right to have an arraignment at which he or she is present in person or at which
he or she is represented by an attorney. (Act 85-736, p. 1187, §§1, 2.)...
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11-45-9.1
schedule of fines; additional penalty for failure to appear; disposition of fines. (a) By ordinance,
the governing body of any municipality may authorize any law enforcement officer of a municipality
or any law enforcement officer of the state, in lieu of placing persons under custodial arrest,
to issue a summons and complaint to any person charged with violating any municipal littering
ordinance; municipal ordinance which prohibits animals from running at large, which shall
include leash laws and rabies control laws; or any Class C misdemeanor or violation
not involving violence, threat of violence or alcohol or drugs. (b) Such summons and complaint
shall be on a form approved by the governing body of the municipality and shall contain the
name of the court; the name of the defendant; a description of the offense, including the
municipal ordinance number; the date and time of the offense; the place of the offense; signature
of the officer issuing the citation; the scheduled...
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12-21-223
Section 12-21-223 Discharged codefendant as witness for prosecution. When two or more defendants
are jointly indicted, the court may, at any time before the evidence for the defense has commenced,
order any defendant to be discharged from the indictment in order that he may be a witness
for the prosecution, and such order operates as an acquittal of such defendant, provided he
does testify. (Code 1852, §639; Code 1867, §4191; Code 1876, §4893; Code 1886, §4477;
Code 1896, §5301; Code 1907, §7898; Code 1923, §5636; Code 1940, T. 15, §308.)...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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15-22-50
Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted
person on probation. Circuit courts and district courts, subject to the provisions and conditions
hereinafter provided, may suspend execution of sentence and place on probation any person
convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not
be permitted to waive placement on probation by the sentencing court. The court shall have
no power to suspend the execution of sentence imposed upon any person who has been found guilty
and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15
years. Except as provided in the preceding sentence, the court, after a plea of guilty, after
the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty
by the court, may suspend execution of sentence and place the defendant on probation, or may
impose a fine within the limits fixed by law and also place the...
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