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Dismissal : The dropping of a case by the judge without further consideration or hearing. Source: Docket : A log containing brief entries of court proceedings. Evidence : Information presented in testimony or in documents that is used to persuade the fact finder judge or jury to decide the case for one side or the other.
Fair market value : The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. See Alabama Code B federal branch : means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the federal International Banking Act 12 U. For the federal government, this begins on October 1 and ends on September The fiscal year is designated by the calendar year in which it ends; for example, fiscal year begins on October 1, and ends on September 30, Foreclosure : A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default.
Source: OCC foreign : With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code B Foreign limited liability company : means a limited liability company governed by the laws of a jurisdiction other than this state which would be a limited liability company if governed by the laws of this state.
The intent of the forgery is to deceive or defraud. Governing statute : means the statute that governs an organization's internal affairs. Juror : A person who is on the jury. Source: OCC Liabilities : The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien : A claim against real or personal property in satisfaction of a debt. Source: Precedent : A court decision in an earlier case with facts and law similar to a dispute currently before a court.
Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Probable cause : A reasonable ground for belief that the offender violated a specific law.
Probate : Proving a will Probation : A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. See Alabama Code property : Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. Service of process : The service of writs or summonses to the appropriate party. Settlement : Parties to a lawsuit resolve their difference without having a trial.
Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. See Alabama Code B Testimony : Evidence presented orally by witnesses during trials or before grand juries. Uniform Commercial Code : A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It removes all doubt that one who puts in motion or assists in the illegal enterprise or causes the commission of an indispensable element of the offense by an innocent agent or instrumentality is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.
Subsection a of Section 2 was amended to its current form in to read, "Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. Since , the Securities and Exchange Commission has filed a number of complaints related to the aiding and abetting of securities fraud.
Aiding and abetting is also a legal theory of civil accessory liability. To prove accessory liability through "aiding and abetting," the plaintiffs must prove three elements:. The Accessories and Abettors Act provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself.
Section 8 of the Act, as amended, reads:. Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. Section 10 states that the Act does not apply to Scotland.
The rest of the Act was repealed by the Criminal Law Act as a consequence of the abolition of the distinction between felonies and misdemeanours. From Wikipedia, the free encyclopedia. This article is about the legal doctrine. For the novel, see Aiding and Abetting novel. See also: White collar crime. Bankruptcy Crimes Third Edition. Jury instructions in criminal antitrust cases. Hodorowicz — F. June 13, Retrieved 2 September Quotation: "[A]ny one who assists in the commission of a crime may be charged directly with the commission of the crime".
US Justice Department. January It cites United States v. Peoni , F. Dodd , 43 F. Categories : Criminal law.
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Assault of an employee of the Department of Correction in the first degree: Class B felony. Assault of a pregnant woman resulting in termination of pregnancy: Class A felony. Assault in the second degree: Class D or C felony.
Assault in the second degree with a firearm: Class D felony: One year not suspendable. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm: Class D felony: Three years not suspendable. Assault in the second degree with a motor vehicle: Class D felony.
Assault in the third degree: Class A misdemeanor. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree: Class A misdemeanor: One year not suspendable. Threatening in the first degree: Class D or class C felony. Threatening in the second degree: Class A misdemeanor or class D felony.
Reckless endangerment in the first degree: Class A misdemeanor. Reckless endangerment in the second degree: Class B misdemeanor. Strangulation or suffocation in the first degree: Class C felony. Strangulation or suffocation in the second degree: Class D felony. Strangulation or suffocation in the third degree: Class A misdemeanor. Corroboration; exceptions. Time limitation for complaint. Sexual assault in the first degree: Class B or A felony.
Aggravated sexual assault in the first degree: Class B or A felony. Sexual assault in spousal or cohabiting relationship: Class B felony. Aggravated sexual assault of a minor: Class A felony. Sexual assault in the second degree: Class C or B felony. Rape in the first degree: Class B felony. Sexual assault in the third degree: Class D or C felony. Sexual assault in the third degree with a firearm: Class C or B felony. Rape in the second degree: Class C felony.
Sexual assault in the fourth degree: Class A misdemeanor or class D felony. Rape in the second degree. Deviate sexual intercourse in the first and second degree. Sexual contact in the first, second and third degree. Adultery: Class A misdemeanor. Patronizing a prostitute: Class A misdemeanor. Patronizing a prostitute from a motor vehicle: Class A misdemeanor.
Commercial sexual abuse of a minor: Class B felony. Promoting prostitution in the first degree: Class B felony. Promoting prostitution in the second degree: Class C felony. Promoting prostitution in the third degree: Class D felony. Permitting prostitution: Class A misdemeanor. Misrepresentation of age to entice a minor: Class C felony. Kidnapping in the first degree: Class A felony. Kidnapping in the first degree with a firearm: Class A felony.
Proceeding to determine sentence for kidnapping in first degree. Kidnapping in the second degree: Class B felony: Three years not suspendable. Kidnapping in the second degree with a firearm: Class B felony: Three years not suspendable. Unlawful restraint in the first degree: Class D felony. Unlawful restraint in the second degree: Class A misdemeanor. Custodial interference in the first degree: Class D felony.
Custodial interference in the second degree: Class A misdemeanor. Substitution of children: Class D felony. Burglary in the first degree: Class B felony. Burglary in the second degree: Class C felony. Burglary in the second degree with a firearm: Class C felony: One year not suspendable. Burglary in the third degree: Class D felony.
Burglary in the third degree with a firearm: Class D felony: One year not suspendable. Conviction for burglary and other offense authorized, when. Manufacturing or possession of burglar's tools: Class A misdemeanor. Criminal trespass in the first degree: Class A misdemeanor. Criminal trespass in the second degree: Class B misdemeanor. Criminal trespass in the third degree: Class C or class B misdemeanor.
Affirmative defenses to criminal trespass. Simple trespass of railroad property: Infraction. Arson in the first degree: Class A felony. Arson in the second degree: Class B felony. Arson in the third degree: Class C felony. Criminal mischief in the first degree: Class D felony. Criminal mischief in the second degree: Class A misdemeanor. Criminal mischief in the third degree: Class B misdemeanor. Criminal mischief in the fourth degree: Class C misdemeanor.
Criminal damage of a landlord's property in the first degree: Class D felony. Criminal damage of a landlord's property in the second degree: Class A misdemeanor. Criminal damage of a landlord's property in the third degree: Class B misdemeanor. Damage to railroad property in the first degree: Class D felony. Damage to railroad property in the second degree: Class A misdemeanor. Damage to railroad property in the third degree: Class B misdemeanor. Shoplifting and library theft; detention, questioning, presumption of crime.
Using motor vehicle or vessel without owner's permission. Interfering or tampering with a motor vehicle. First offense: Class A misdemeanor. Subsequent offense: Class D felony. Theft of services; service and credit card defined.
Larceny in the first degree: Class B felony. Larceny in the second degree: Class C felony. Larceny in the third degree: Class D felony. Larceny in the fourth degree: Class A misdemeanor. Larceny in the fifth degree: Class B misdemeanor. Larceny in the sixth degree: Class C misdemeanor. Telephone fraud in the first degree: Class B felony.
Telephone fraud in the second degree: Class C felony. Telephone fraud in the third degree: Class D felony. Telephone fraud in the fourth degree: Class A misdemeanor. Telephone fraud in the fifth degree: Class B misdemeanor. Telephone fraud in the sixth degree: Class C misdemeanor. Larceny by receiving stolen property.
Criminal trover in the first degree: Class D felony, first offense; class C felony, subsequent offense. Criminal trover in the second degree: Class A misdemeanor. Diversion from state of benefit of labor of employees: Class A misdemeanor. Unlawful entry into coin machine; possession of key to enter: Class A misdemeanor. Fraudulent use of an automated teller machine: Class A misdemeanor.
Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain: Class D felony. Cheating: Class D felony or class B misdemeanor. Possession of a cheating device: Class D felony. Possession of a shoplifting device: Class A misdemeanor. Unlawful possession of a personal identifying information access device: Class A misdemeanor.
Credit and debit card crimes. False statement to procure issuance or loading of payment card. Payment card theft. Illegal transfer. Illegal use of payment card. Presumption of knowledge of revocation. Illegal furnishing of money, goods or services on payment card.
Unlawful completion or reproduction of payment card. Receipt of money, goods or services obtained by illegal use of credit card. Misapplication of property: Class A misdemeanor. Identity theft in the first degree: Class B felony. Identity theft in the second degree: Class C felony. Identity theft in the third degree: Class D felony. Trafficking in personal identifying information: Class D felony. Criminal impersonation: Class A misdemeanor.
Impersonation of a police officer: Class D felony. Unlawfully concealing a will: Class A misdemeanor. False entry by an officer or agent of a public community: Class A misdemeanor. Robbery in the first degree: Class B felony. Robbery in the second degree: Class C felony.
Robbery in the third degree: Class D felony. Robbery involving occupied motor vehicle. Forgery in the first degree: Class C felony. Forgery in the second degree: Class D felony. Forgery in the third degree: Class B misdemeanor. Criminal simulation: Class D felony. Forgery of symbols: Class A misdemeanor. Filing a false record: Class D felony. Unlawfully using slugs: Definitions. Unlawfully using slugs in the first degree: Class B misdemeanor. Unlawfully using slugs in the second degree: Class C misdemeanor.
Failure to report bribery: Class A misdemeanor. Bribery of a witness: Class C felony. Bribe receiving by a witness: Class C felony. Tampering with a witness: Class C felony. Intimidating a witness: Class B felony. Bribe receiving by a juror: Class C felony. Tampering with a juror: Class D felony. Tampering with or fabricating physical evidence: Class D felony.
False statement on a certified payroll: Class D felony. Formerly Sec. False statement: Class A misdemeanor. Bribery of a labor official: Class D felony. Bribe receiving by a labor official: Class D felony. Receiving a commercial bribe: Class D felony. Disclosure of bid or proposal: Class A misdemeanor. Receiving kickbacks: Class D felony. Paying a kickback: Class D felony. Soliciting or accepting benefit for rigging: Class A misdemeanor. Participation in a rigged contest: Class A misdemeanor.
Hindering prosecution in the first degree: Class C felony. Hindering prosecution in the second degree: Class C felony. Hindering prosecution in the third degree: Class D felony. Interfering with an officer: Class A misdemeanor or class D felony. Failure to assist a peace officer, special policeman, motor vehicle inspector or firefighter: Class A misdemeanor.
Assault of public safety, emergency medical, public transit or health care personnel: Class C felony. Assault of a prosecutor: Class C felony. Aggravated assault of a public transit employee: Class C felony. Escape in the first degree: Class C felony. Escape in the second degree: Class D felony. Escape from custody: Class C felony or class A misdemeanor. Aiding escape from hospital or sanatorium: Class A misdemeanor. Failure to appear in the first degree: Class D felony.
Failure to appear in the second degree: Class A misdemeanor. Unauthorized conveyance of items into correctional or humane institution or to inmate: Class D felony. Unauthorized conveyance of letter into or from, or use of false name to enter, correctional institution: Class A misdemeanor. Possession of weapon or dangerous instrument in correctional institution: Class B felony. Conveyance or use of electronic wireless communication device in correctional institution: Class A misdemeanor.
Riot in the first degree: Class A misdemeanor. Riot in the second degree: Class B misdemeanor. Unlawful assembly: Class B misdemeanor. Inciting to riot: Class A misdemeanor. Inciting injury to persons or property: Class C felony.
Rioting at correctional institution: Class B felony. Inciting to riot at correctional institution: Class C felony. Falsely reporting an incident in the first degree: Class D felony. Falsely reporting an incident resulting in serious physical injury or death: Class C felony. Falsely reporting an incident concerning serious physical injury or death: Class D felony. Falsely reporting an incident in the second degree: Class A misdemeanor. Misuse of the emergency system: Class B misdemeanor.
Breach of the peace in the first degree: Class D felony. Breach of the peace in the second degree: Class B misdemeanor. Creating a public disturbance: Infraction. Intimidation based on bigotry or bias: Class D felony. Stalking in the first degree: Class D felony. Stalking in the second degree: Class A misdemeanor. Stalking in the third degree: Class B misdemeanor.
Electronic stalking: Class B misdemeanor. Intimidation based on bigotry or bias: Definitions. Intimidation based on bigotry or bias in the first degree: Class C felony. Intimidation based on bigotry or bias in the second degree: Class D felony. Intimidation based on bigotry or bias in the third degree: Class E felony. Disorderly conduct: Class C misdemeanor. Obstructing free passage: Class C misdemeanor. Harassment in the first degree: Class D felony.
Harassment in the second degree: Class C misdemeanor. Obstructing or interfering with the lawful taking of wildlife: Class C misdemeanor. Interfering with an emergency call: Class A misdemeanor. Disruption of a funeral: Class A misdemeanor. Intoxication by drug; definition, commitment, treatment, penalty. Intoxication by alcohol or drug; definition, commitment, dismissal of criminal proceedings, unclassified misdemeanor. Loitering on school grounds: Class C misdemeanor.
Public indecency: Class B misdemeanor. Tampering with private communications: Class A misdemeanor. Disseminating voyeuristic material: Class D felony. Unlawful dissemination of an intimate image: Class A misdemeanor. Coercion: Class A misdemeanor or class D felony. Trafficking in persons: Class A felony.
Obscenity as to minors: Class D felony. Employing a minor in an obscene performance: Class A felony. Promoting a minor in an obscene performance: Class B felony. Importing child pornography: Class B felony. Possessing child pornography in the first degree: Class B felony.
Possessing child pornography in the second degree: Class C felony. Possessing child pornography in the third degree: Class D felony. Possessing child pornography: Affirmative defenses. Possessing or transmitting child pornography by minor: Class A misdemeanor. Commercial sexual exploitation of a minor: Class C felony.
Disseminating indecent comic books: Class A misdemeanor. Failing to identify a comic book publication: Violation. Injunction against promoting any obscene material or performance. Institution of action for adjudication of obscenity. Presentation of material or evidence depicting performance. Probable cause determination. Time for trial and decision. Possession of a sawed-off shotgun or silencer: Class D felony. Drinking while operating a motor vehicle: Class C misdemeanor. Criminal lockout: Class C misdemeanor.
Criminal use of firearm or electronic defense weapon: Class D felony. Criminal possession of a firearm, ammunition or an electronic defense weapon: Class C felony. Criminally negligent storage of a firearm: Class D felony. Possession of a weapon on school grounds: Class D felony.
Criminal possession of a pistol or revolver: Class C felony. Criminal possession of body armor: Class A misdemeanor. Negligent hunting. Fines deposited in the Criminal Injuries Compensation Fund. Suspension of hunting license. Forfeiture of hunting weapon. Prima facie evidence of hunting.
Interference with a cemetery or burial ground: Class C felony. Unlawful possession or sale of gravestones: Class D felony. Interference with a memorial plaque: Class A misdemeanor. Unlawful possession, purchase or sale of a memorial plaque: Class A misdemeanor. Interference with a war or veterans' memorial or monument: Class D felony.
Unlawful possession, purchase or sale of a war or veterans' memorial or monument: Class D felony. Violation of conditions of release in the first degree: Class D or Class C felony. Violation of conditions of release in the second degree: Class A misdemeanor or Class D felony. Criminal violation of a protective order: Class D or class C felony.
Criminal violation of a standing criminal protective order: Class D or class C felony. Criminal violation of a restraining order: Class D or class C felony. Criminal violation of a civil protection order: Class D felony. Recruiting a member of a criminal gang: Class A misdemeanor. Computer crime in the first degree: Class B felony.
Computer crime in the second degree: Class C felony. Computer crime in the third degree: Class D felony. Computer crime in the fourth degree: Class A misdemeanor. Computer crime in the fifth degree: Class B misdemeanor. Value of property or computer services. Computer extortion by use of ransomware: Class E felony. Money laundering in the first degree: Class B felony. Money laundering in the second degree: Class C felony.
Money laundering in the third degree: Class D felony. Money laundering in the fourth degree: Class A misdemeanor. Vendor fraud in the first degree: Class B felony. Vendor fraud in the second degree: Class C felony. Vendor fraud in the third degree: Class D felony. Vendor fraud in the fourth degree: Class A misdemeanor. Vendor fraud in the fifth degree: Class B misdemeanor. Vendor fraud in the sixth degree: Class C misdemeanor. Act of terrorism.
Enhanced sentence. Computer crime in furtherance of terrorist purposes: Class B felony. Criminal misrepresentation: Class C felony. Contaminating a public water supply or food supply for terrorist purposes: Class C felony. Damage to public transportation property for terrorist purposes: Class C felony. Abuse in the first degree: Class C felony. Abuse in the second degree: Class D felony.
Abuse in the third degree: Class A misdemeanor. Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. Said provisions shall apply to convictions under section 21a except that the execution of any mandatory minimum sentence imposed under the provisions of said section may not be suspended. History: act added provision in Subsec. Defendant charged with an infraction has no constitutional right to a jury trial because such right applies only to criminal prosecutions, and an infraction is not a crime pursuant to section.
Classification by legislature of infractions as noncriminal acts payable by fine operates as a presumption that infractions do not constitute criminal offenses for purposes of double jeopardy analysis, albeit one that is rebuttable by clear proof to the contrary. History: P. Police officer may arrest without previous complaint or warrant any person who he has reasonable grounds to believe has committed or is committing a felony.
Violation: Definition, designation. Any offense defined in any other section which is not expressly designated a violation or infraction shall be deemed a violation if, notwithstanding any other express designation, it is within the definition set forth in subsection a. Court properly considered evidence of defendant's criminal history in its determination to revoke defendant's probation.
In determining the appropriate terms of financial restitution, the court shall consider: A The financial resources of the offender and the burden restitution will place on other obligations of the offender; B the offender's ability to pay based on installments or other conditions; C the rehabilitative effect on the offender of the payment of restitution and the method of payment; and D other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate.
If the court determines that the current financial resources of the offender or the offender's current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms. The court shall articulate its findings on the record with respect to each of the factors set forth in subparagraphs A to D , inclusive, of this subsection.
Restitution ordered by the court pursuant to this subsection shall be based on easily ascertainable damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses, but may include the costs of counseling reasonably related to the offense.
Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court on a form prescribed by the Chief Court Administrator containing the amount of damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury as ascertained by the court.
The order of the court shall direct that a certified copy of the completed form containing the written order be delivered by certified mail to each victim and contain an advisement to the victim that the order is enforceable as a judgment in a civil action as provided in section 53aa. The court shall retain the original of each form containing a written order of restitution as part of such offender's court record. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section c if the offense or violation occurred within the jurisdiction of a community court established by said section.
History: act added exception re Ch. A , B , C and D , replace in Subpara. A to D , require restitution ordered by the court to be imposed or directed by a written order containing the amount of damages, expenses and lost wages and require a certified copy of the court order to be delivered by certified mail to the victim and to contain an advisement that the order is enforceable as provided in Sec.
Court does not have sentencing options as provided in this section where Sec. Monetary obligation re insurance for victim as a special condition of probation speculative. Person convicted under Sec. Section contains no authority for order of restitution unless it is a condition of probation or conditional discharge. Court did not commit plain error when it did not conduct an analysis pursuant to Subsec.
All financial obligations ordered pursuant to subsection c of section 53a or subsection a of section 53a may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the obligation is owed. The party or entity seeking enforcement of the financial obligations as a judgment in a civil action shall file with the Superior Court a copy of the court's order of restitution ordered pursuant to section 53a or 53a together with an affidavit prepared by the agency or entity monitoring payment of the obligations, on a form prescribed by the Office of the Chief Court Administrator, attesting to the terms of restitution and manner of performance fixed by the court or the Court Support Services Division, identifying the amount of the obligation that has been paid and the amount of the obligation that is owed.
Such obligations may be enforced at any time during the twenty-year period following the offender's release from confinement or termination of probation, or not later than twenty years after the entry of the order and sentence, whichever is longer.
There shall be no entry fee for filing an enforcement action pursuant to this section. Not later than thirty days after the date of filing of the judgment and the affidavit, the party or entity seeking enforcement of such judgment shall mail notice of filing of the judgment by registered or certified mail, return receipt requested, to the offender at such offender's last-known address.
The proceeds of an execution shall not be distributed to the party or entity seeking enforcement of such judgment earlier than thirty days after the date of filing proof of service with the clerk of the court in which enforcement of such judgment is sought.
No fee shall be required for the filing of an execution. The payment of marshal's fees for service of an execution shall be collected in accordance with the provisions of section The court shall impose the period of conditional discharge authorized by subsection d of this section and shall specify, in accordance with section 53a, the conditions to be complied with. When a person is sentenced to a period of probation, the court shall impose the period authorized by subsection d , e or f of this section and may impose any conditions authorized by section 53a When a person is sentenced to a period of probation, such person shall pay to the court a fee of two hundred dollars and shall be placed under the supervision of the Court Support Services Division, provided, if such person is sentenced to a term of imprisonment the execution of which is not suspended entirely, payment of such fee shall not be required until such person is released from confinement and begins the period of probation supervision.
The probation officer shall recommend, in accordance with guidelines developed by the Judicial Branch, whether such person's sentence of probation should be continued for the duration of the original period of probation or be terminated. If such person is serving a period of probation concurrent with another period of probation, the probation officer shall submit a report only when such person becomes eligible for termination of the period of probation with the latest return date, at which time all of such person's probation cases shall be presented to the court for review.
Not later than sixty days after receipt of such report, the sentencing court shall continue the sentence of probation or terminate the sentence of probation. Notwithstanding the provisions of section 53a, the parties may agree to waive the requirement of a court hearing.
The Court Support Services Division shall establish within its policy and procedures a requirement that any victim be notified whenever a person's sentence of probation may be terminated pursuant to this subsection. The sentencing court shall permit such victim to appear before the sentencing court for the purpose of making a statement for the record concerning whether such person's sentence of probation should be terminated.
In lieu of such appearance, the victim may submit a written statement to the sentencing court and the sentencing court shall make such statement a part of the record. Prior to ordering that such person's sentence of probation be continued or terminated, the sentencing court shall consider the statement made or submitted by such victim. History: act repealed former Subsec. Under revision, defendant's year probationary period on charge of risk of injury to a child in violation of Sec.
The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs.
Any contract entered into by the Judicial Branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed six dollars per day. Such amount shall be indexed annually to reflect the rate of inflation. History: act authorized court to order defendant to reside in residential community center and contribute to costs; P.
Trial court's imposition of restitution as additional condition of probation was not punitive in nature and therefore did not affect defendant's sentence; section does not deprive trial court of jurisdiction to impose a condition of probation subsequent to initial sentencing and prior to defendant's commencement of probation period. Section not applicable to trial court's corrected order of probation because order was a clarification, not a modification, of conditions of probation previously imposed on defendant.
Trial court's modification of defendant's probation to include sex offender evaluation and treatment was proper; Office of Adult Probation had authority under statute to add an additional condition of probation; sexual offender treatment is clearly enumerated in Subsec. Failure to deliver a written copy of conditions of probation did not excuse subsequent probation violation and did not invalidate resulting probation revocation.
Condition required by Office of Adult Probation was inconsistent with those required by court. Under section, office had authority to include a curfew restriction on defendant at the start of his probationary period without a court hearing and a showing of good cause, and such a condition was not inconsistent with the purposes of probation. List set forth in section meant to be illustrative, and not exhaustive. Requiring defendant to sell his gun collection was a condition reasonably related to his rehabilitation.
Where, pursuant to a plea bargain, defendant pleads guilty to sexual assault in fourth degree in violation of Sec. Trial court's order of sexual offender treatment was authorized because section grants the court broad authority to impose any other conditions reasonably related to rehabilitation. Court's order that defendant pay veterinary and impoundment bills incurred from defendant's failure to restrain an animal from doing injury to another animal in violation of Sec.
Trial court's order of specialized sex offender treatment as condition of probation was authorized under Subdiv. Court's termination of defendant's status in accelerated rehabilitation program cannot rest solely on undisposed charge of a crime identical to the underlying charge for which defendant seeks dismissal. Although trial court specifically ordered restitution, it did not find that any damage was caused to the victim by defendant or that defendant profited from the criminal activity, nor was any rehabilitative purpose cited, so there is no basis for the court's order.
Defendant found to have complied with terms of his accelerated rehabilitation program which required that he refrain from violating any criminal laws of the United States, this state or any other state, notwithstanding fact that defendant pled guilty to criminal charges stemming from separate events that occurred after date that he applied for entry into accelerated rehabilitation but prior to date that he was actually accepted into program.
Office's requirement that, as part of sex offender treatment, defendant refrain from use of alcohol is consistent with terms ordered by the court and therefore properly imposed by office. Probation officer could not enter into agreement with defendant that would have been in direct contradiction to a condition of probation imposed by sentencing court.
Special condition on probation administration properly imposed 1 year after sentencing in exercise of court's discretion. Once defendant is discharged from probation, the conditions of his probation are no longer subject to modification or enlargement.
Probation officer did not have authority to modify original conditions of probation ordered by sentencing court. Statute mandates that a court conduct a hearing related to any decision to modify probation and the hearing must be the forum in which the court explores the issue of whether good cause exists at the time the court is considering modifying the terms of the probation; the court may not modify probation unless there is a showing of good cause.
When the state enters into a plea agreement that includes a period of probation, both defendant and the state do so with the understanding that the terms of probation may be modified or enlarged in accordance with law, and that such a modification might include a reduction. Multiple periods, whether imposed at the same or different times, shall run concurrently.
In the absence of a warrant, a notice to appear or an arrest for violation pursuant to section 53a, if the defendant has failed to comply with any of the conditions of probation or conditional discharge, such failure shall not relieve the Court Support Services Division from the responsibility of supervising the defendant. The Court Support Services Division shall make reasonable efforts to inform the defendant of the defendant's obligation to continue to comply with such conditions and to provide the defendant with a copy of such conditions.
Although probation may continue during a period of incarceration, it does not commence pursuant to section unless defendant is released from imprisonment. Defendant is not excused from complying with conditions of probation simply because a probation officer informs him that he is in violation of that probation.
It is the issuance of the warrant that tolls the period of probation and whether the period is tolled is not dependent on the outcome of the violation of probation proceedings. Any such warrant shall authorize all officers named therein to return the defendant to the custody of the court or to any suitable detention facility designated by the court. Whenever a probation officer has probable cause to believe that a person has violated a condition of such person's probation, such probation officer may notify any police officer that such person has, in such officer's judgment, violated the conditions of such person's probation and such notice shall be sufficient warrant for the police officer to arrest such person and return such person to the custody of the court or to any suitable detention facility designated by the court.
Whenever a probation officer so notifies a police officer, the probation officer shall notify the victim of the offense for which such person is on probation, and any victim advocate assigned to assist the victim, provided the probation officer has been provided with the name and contact information for such victim or victim advocate.
Any probation officer may arrest any defendant on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such other officer a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of the defendant's probation. Such written statement, delivered with the defendant by the arresting officer to the official in charge of any correctional center or other place of detention, shall be sufficient warrant for the detention of the defendant.
After making such an arrest, such probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this section. Upon such arrest and detention, the probation officer shall immediately so notify the court or any judge thereof.
Unless the court, pursuant to subsection c of section a, orders that the defendant remain under the supervision of a probation officer or other designated person or organization, the defendant shall be supervised by the Court Support Services Division of the Judicial Branch in accordance with subsection a of section b. At such hearing the defendant shall be informed of the manner in which such defendant is alleged to have violated the conditions of such defendant's probation or conditional discharge, shall be advised by the court that such defendant has the right to retain counsel and, if indigent, shall be entitled to the services of the public defender, and shall have the right to cross-examine witnesses and to present evidence in such defendant's own behalf.
Unless good cause is shown, a charge of violation of any of the conditions of probation or conditional discharge shall be disposed of or scheduled for a hearing not later than one hundred twenty days after the defendant is arraigned on such charge. If such sentence is revoked, the court shall require the defendant to serve the sentence imposed or impose any lesser sentence.
Any such lesser sentence may include a term of imprisonment, all or a portion of which may be suspended entirely or after a period set by the court, followed by a period of probation with such conditions as the court may establish. No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by the introduction of reliable and probative evidence and by a preponderance of the evidence.
History: act clarified Subsec. See Sec. Willfulness not an element of a probation violation; state need only establish that probationer knew of the condition and engaged in conduct that violated the condition. If defendant has been convicted of criminal conduct, following either a guilty plea, Alford plea or jury trial, and defendant has pursued a timely appeal from such conviction and that appeal remains unresolved, a live controversy exists so that an appeal challenging a finding of violation of probation stemming from that conduct is not moot.
Trial court may not find a violation of probation unless it finds that the predicate facts underlying the violation have been established by a preponderance of the evidence at the hearing; the predicate facts proved by the state in this case are insufficient, either individually or in the aggregate, to establish a violation of Sec.
Re defendant who admitted violating conditions of probation but contested revocation, due process rights were not violated by admission of photographs from social media Internet websites depicting defendant committing acts in violation of terms of probation because state articulated an uncontradicted basis for determining whether each image depicted defendant before or during probation and defendant failed to contest that the photographs depicted her while on probation.
Standard of proof needed to find a violation of probation discussed. Proper standard of proof in revocation of probation proceeding is that of a fair preponderance of the evidence; previous consideration of case, 33 CA , remanded for reconsideration, C. Reaffirmed prior holding that proper standard of proof for revocation of probation hearing proceeding is a fair preponderance of evidence and that revocation is on consideration of the whole record.
A probation revocation hearing has two distinct components. In determining whether defendant's probationary status should be revoked court has broad discretion and every reasonable presumption should be given in favor of the correctness of court's ruling. State may amend the factual basis for an alleged probation violation prior to a hearing under section.
If a specific condition of probation does not explicitly proscribe certain noncriminal conduct and cannot be reasonably interpreted to proscribe such conduct, defendant must receive actual notice that continuation of the conduct could result in a charge of violation of a condition of probation.
Willfulness is not an element of the offense of violation of probation; court's findings that defendant violated probation were not clearly erroneous. Trial court did not abuse its discretion in revoking defendant's probation and reinstating prison sentence after defendant's urine tested positive for opiate. Court is vested with broad discretion in determining, on basis of the entire record, whether sentence of probation should continue or be revoked, and court may require defendant to serve the sentence imposed or impose a lesser sentence.
Trial court properly found violations of defendant's probation and did not abuse its discretion in revoking his probation. Because defendant accepted a sentence that included probation, modification of terms of probation for violation of Sec. In adjudicative phase, court's finding that defendant violated condition of his probation was not clearly erroneous and, in dispositional phase, court did not abuse its discretion in revoking defendant's probation after finding that the rehabilitative purpose of probation could not be fulfilled.
When, subsequent to a judgment revoking probation, defendant was convicted of crimes for some of the conduct for which his probation was revoked, and Appellate Court had heard his appeal and Supreme Court had denied petition, his appeal re revocation of probation was moot as to those crimes, but was not moot as to conduct that was not at issue at criminal trial.
Court's failure to make explicit findings of fact regarding the rationale underlying its decision to revoke probation does not, in and of itself, signify the absence of the dispositional phase. Title 11 Counties And Municipal Corporations. Title 12 Courts. Title 13a Criminal Code. Title 15 Criminal Procedure. Title 16 Education. Title 17 Elections.
Title 18 Eminent Domain. Title 19 Fiduciaries And Trusts. Title 20 Food, Drugs And Cosmetics. Title 21 Handicapped Persons. Title 24 Housing. Title 25 Industrial Relations And Labor. Title 26 Infants And Incompetents. Title 27 Insurance. Title 29 Legislature. Title 30 Marital And Domestic Relations. Title 32 Motor Vehicles And Traffic.
Title 33 Navigation And Watercourses. Title 34 Professions And Businesses. Title 35 Property. Title 36 Public Officers And Employees. Title 40 Revenue And Taxation. Title 41 State Government. Title 42 United States.
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