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15-6-25
Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged;
and, if not given, the circuit, district or municipal court judge must commit him to jail
until he gives the same, specifying in the warrant of commitment the cause thereof, the time
he is required to keep the peace, towards whom particularly and the sum in which security
is required. (b) Any person committed under the provisions of subsection (a) of this section
may be discharged by the sheriff of the county in which he is detained upon entering into
an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required
by the circuit, district or municipal court judge. (Code 1852, §§416, 417; Code 1867, §§3965,
3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code
1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15,...
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15-5-16
Section 15-5-16 Restoration of taken property to defendant; property to be forwarded to court
if not restored. (a) If it appears that the property taken is not the same as that described
in a search warrant or that there is no probable cause for believing the existence of the
ground on which the warrant issued, the judge or the magistrate must direct it to be restored
to the person from whom it was taken. (b) If the property is not directed to be restored under
the provisions of subsection (a) of this section, the judge or the magistrate shall annex
together the search warrant, the return and the depositions and return them to the court having
power to inquire into the offense in respect to which the search warrant was issued. (Code
1852, §§841, 842; Code 1867, §§4392, 4393; Code 1876, §§4021, 4022; Code 1886, §§4742,
4743; Code 1896, §§5499, 5500; Code 1907, §§7772, 7773; Code 1923, §§5486, 5487; Code
1940, T. 15, §§115, 116.)...
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11-51-183
Section 11-51-183 Certification and disposition of taxes; charge for collection and administration;
redistribution of over-charges; warrant; fees. (a) The Commissioner of Revenue shall deposit
into the State Treasury all municipal taxes collected by the department under this division;
and, on a bi-weekly basis, the commissioner shall certify to the Comptroller the amount of
taxes collected under the provisions of this division for the approximate two-week period
immediately preceding the certification and the amount to be distributed to each municipality,
less collection and administration charges deducted, which shall be paid to the treasurer
or other custodian of funds of the municipality within three days after certification thereof.
(b) The Department of Revenue shall charge each municipality its actual cost for collecting
and administering the municipal license taxes. Notwithstanding the previous sentence, the
charge shall not exceed two percent of the amount collected for that...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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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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45-35-81.01
Section 45-35-81.01 Additional court costs - Criminal and civil cases. (a) This section shall
apply only in Houston County. (b) In all juvenile, traffic, criminal, and quasi-criminal cases
in the juvenile, district, circuit, and municipal courts in Houston County, an additional
docket fee of twenty dollars ($20) shall be assessed in each case. The fee shall be collected
in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty
imposed, or where there is issued any alias or capias warrant of arrest. (c) In all civil
cases filed in small claims court, district court, or circuit court, including child support
and domestic relations cases, an additional fee in the amount of twenty dollars ($20) per
case shall be assessed in each case. (d) Any fees collected pursuant to this section shall
be disbursed monthly as follows: (1) Ten dollars ($10) of the fee shall be distributed to
the Houston County General Fund for the operation of the county jail. (2) One...
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45-22-81.04
Section 45-22-81.04 Solicitor's fee. (a) In all juvenile, traffic, criminal, and quasi-criminal
cases in the juvenile, district, circuit, and municipal courts in Cullman 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 to the Solicitor's Fund or District Attorney's
Fund in the county or to the fund that may be hereafter prescribed by law for the solicitor's
fee. The solicitor's fee shall be in an amount equal to all docket fees or court costs which
are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair
Trial Tax Fund. Three dollars ($3) of each fee when collected may be retained by the clerk
of the court as an administrative fee. The administrative fee collected by the circuit clerk
shall be expended pursuant to subdivision (2) of Section 12-17-225.4. (b) The solicitor's
fee shall be collected in all criminal cases where the defendant is adjudged...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
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45-15-80.11
Section 45-15-80.11 Drug and violent crime reduction fee. (a) In addition to all other fees
and court costs, in all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile,
district, and circuit courts in Cleburne County, a docket fee in the amount of five dollars
($5), hereinafter referred to as a drug and violent crime reduction fee, shall be assessed
in each case. The fees, when collected, shall be distributed monthly as follows: One dollar
($1) per case to the Cleburne County Office of the Circuit Clerk and four dollars ($4) per
case to the Cleburne County Sheriff's Office. (b) The drug and violent crime reduction fee
shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited,
a penalty imposed, or where there is issued any alias or capias warrant of arrest. The drug
and violent crime reduction fee shall be in addition to and not in lieu of any other fees
or costs. The drug and violent crime reduction fee shall not be waived or...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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