45-24A-32.02
Section 45-24A-32.02 Definitions. As used in this part, the following terms shall have the following meanings: (1) CIRCUIT COURT or COUNTY CIRCUIT COURT. The Dallas County Circuit Court. (2) CITY. The City of Selma, Alabama. (3) CIVIL PENALTY. The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. (4) CIVIL VIOLATION. There is created a noncriminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. The penalty for committing a civil violation shall be the payment of a civil penalty, the enforceability of which shall be accomplished through civil action. The prosecution of a civil violation created hereby shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-24A-32.05, and in no event shall an adjudication of liability for a civil...
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45-27A-30.06
Section 45-27A-30.06 Time for application. (a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first court appearance or arraignment, whichever comes first. (b) At the discretion of the municipal prosecutor, the provision contained in subsection (a) may be waived by the municipal court. (Act 2010-578, p. 1275, §7.)...
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45-27A-30.10
Section 45-27A-30.10 Disposition of funds. All fees paid by offenders pursuant to Section 45-27A-30.07 shall be placed and maintained in a separate revenue account within the Court and Corrections Fund. The municipal court may use the fees collected by the pretrial diversion program for any of the following: (1) To fund the pretrial diversion program. (2) For educational programs which relate to the prosecution, detection, or prevention of crime in the City of Brewton. (3) To benefit the City of Brewton or any other law enforcement agency. (4) For any other lawful purpose. (Act 2010-578, p. 1275, §11.)...
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45-2A-136
Section 45-2A-136 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal magistrate of the Town of Silverhill may assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation against the Town of Silverhill. (b) The warrant recall fee shall be one hundred dollars ($100) and is to be paid by the defendant at the time the warrant is recalled. (c) Nothing herein shall be construed to require the Town of Silverhill to recall a warrant that has been issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal judge or magistrate. (d) All fees received by the Town of Silverhill Municipal Court for the warrant recall fee shall be deposited into the Town of Silverhill Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1. (Act 2013-363, p. 1310, §§1, 2.)...
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45-2A-161
Section 45-2A-161 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal magistrate of the Town of Summerdale may assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation against the Town of Summerdale. (b) The warrant recall fee shall be one hundred dollars ($100) and is to be paid by the defendant at the time the warrant is recalled. (c) Nothing herein shall be construed to require the Town of Summerdale to recall a warrant that has been issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal judge or magistrate. (d) All fees received by the Town of Summerdale Municipal Court for the warrant recall shall be deposited into the Town of Summerdale Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1. (Act 2014-161, p. 461, §§1, 2.)...
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45-45-82.01
Section 45-45-82.01 District attorney's fee. (a) In all cases in the municipal, juvenile, district, and circuit courts in Madison County and the Twenty-third Judicial Circuit, a docket fee, hereinafter referred to as a district attorney's fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly to the District Attorney's Fund in the county or to the fund that may be hereafter prescribed by law for the district attorney's fee. The district attorney's fee shall be in an amount equal to all docket fees or court costs which are assessed in cases and distributed to the Fair Trial Tax Fund. A three dollar ($3) administrative fee from each assessed fee shall be retained by the circuit clerk pursuant to Section 12-17-225.4(2), when the case originates in the juvenile, district, or circuit court, or by the municipal court clerk to be deposited into a municipal court clerk fund and used for administrative expenses when the case originates in the municipal...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution....
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be admitted into a pretrial diversion program established under this division, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) If the offender is 18 years of age or older at the time the offense was committed. (2) There is a probability justice will be served if the offender is placed in the pretrial diversion program. (3) It is determined the needs of the community and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no substantial threat to the safety and well-being of the community or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial diversion program. (8) Undue hardship upon the victim. (9) Whether the...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost bill by municipal or district court clerk and making of final assessment of costs in circuit court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared to be the policy of the state that docket fees and other court costs in criminal cases shall generally be assessed only upon conviction. It is further declared to be the policy of the state that a creditor shall not use the criminal process in order to collect civil debts. The state does recognize that situations will arise from time to time wherein justice may best be served by allowing a judge to enter an order dismissing a case upon the payment of costs by the defendant or by the complainant where the judge has determined that the criminal process has been abused. (b) Docket fees and other court costs in criminal cases shall be assessed upon conviction; provided that, in the interest of justice,...
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12-23A-8
Section 12-23A-8 Transfers between drug courts. Any drug court in this state may transfer to or accept transfer from any other drug court in this state, as well as any drug court in any other state which is a part of the Interstate Compact for Adult Offender Supervision, any drug offender for admission into the respective drug court program based upon the residence of the drug offender. All terms and conditions of the transfer and supervision shall be clearly stated, in writing, and shall not be valid unless agreed to, in writing, by all of the following: (1) The drug offender. (2) The defense attorney. (3) The judge and prosecutor of the transferring drug court. (4) The judge and prosecutor of the receiving drug court. (Act 2010-754, p. 1909, §8.)...
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