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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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15-8-150
and beat C. D. (11) ABUSING, BEATING, ETC., ACCUSED PERSON. A. B. and C. D. did abuse, whip,
or beat E. F., upon an accusation that he had been guilty of stealing (or to force the said
E. F. to disclose where he was on the night of August 21, 1975, or to leave the country, etc.,
as the case may be.) (12) ASSAULT WITH STICK, ETC., WHILE INTIMIDATING WITH DEADLY WEAPON.
A. B. did assault and beat C. D. with a cowhide, stick or whip, having in his possession at
the time a pistol (or a bowie knife or other deadly weapon), with the intent to intimidate
the said C. D., and prevent him from defending himself. (13) ASSAULT WITH INTENT TO MAIM.
A. B. assaulted C. D. with the intent unlawfully, maliciously and intentionally to cut out
or disable his tongue, or to put out or destroy his eye, etc. (14) ASSAULT WITH INTENT TO
MURDER. A. B., unlawfully and with malice aforethought, did assault C. D., with the intent
to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault C. D., a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages
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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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; 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...
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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may be organized
as a worthless check unit. Each district attorney who elects to establish the unit shall assign
sufficient staff and resources to effectively operate the unit. The worthless check unit of
the special services division of the district attorney's office shall be created for the purpose
of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After following the
requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may
present a "complaint" to the worthless check unit of the...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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15-15-23
Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing of
defendant. (a) Upon the date fixed for the formal plea of guilty by a defendant, the court
shall proceed to hear the testimony of any witnesses who may be summoned or offered either
by the state or by the defendant or whom the court may direct to be summoned, and it must
hear also the testimony of the defendant. (b) If after hearing the testimony the court believes
beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense
charged against him in the information provided for in Section 15-15-21, the court shall thereupon
receive and enter the plea of guilty of such defendant, shall enter judgment of conviction
thereon and shall sentence the defendant to such term in the penitentiary as is prescribed
by law, any other provisions of the law to the contrary notwithstanding. (Acts 1939, No. 227,
p. 367; Code 1940, T. 15, §264.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-23.htm - 1K - Match Info - Similar pages
15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ of arrest
may be substantially in the following form: State of Alabama, _____ County. To any sheriff
of the state: An indictment having been found against A. B., at the ______ session, 20__,
of the ______ court of _____ County, for the offense of ______ (describing the offense so
as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said
defendant and commit him to jail; and that you return this writ according to law. (signed)
C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253;
Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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