US Lawyer Database

§ 16-90-118. Duty of court to report to Division of Correction

(a) Whenever any person is sentenced to the Division of Correction, it shall be the duty of the court before which he or she has been convicted to cause to be made and transmitted to the agent of the division a short report of the circumstances attending the offense, particularly those which tended to aggravate […]

§ 16-90-119. Confiscation of deadly weapons

(a) When any person is convicted of any homicide, burglary, robbery, assault with intent to kill, assault with a deadly weapon, battery, or any other felony involving a deadly weapon, the court in which the person is convicted may confiscate the deadly weapons involved in the offense and may by court order either: (1) Transfer […]

§ 16-90-120. Felony with firearm

(a) Any person convicted of any offense that is classified by the laws of this state as a felony who employed any firearm of any character as a means of committing or escaping from the felony, in the discretion of the sentencing court, may be subjected to an additional period of confinement in the Division […]

§ 16-90-121. Second or subsequent felony with firearm

Any person who is found guilty of or pleads guilty or nolo contendere to a second or subsequent felony involving the use of a firearm shall be sentenced to a minimum term of imprisonment of ten (10) years in the Division of Correction without eligibility of parole or community correction transfer but subject to reduction […]

§ 16-90-122. Post-conviction release of nonviolent offenders

(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff’s custody who has: (1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and (2) Been sentenced to a term of […]

§ 16-90-101. Arrest of judgment

(a) A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered upon a verdict against him or her or on a plea of guilty. (b) The motion may be made at any time before judgment, or after judgment during the same term of the court. […]

§ 16-90-117. Security to keep the peace or be of good behavior

(a) The court before which any person may be convicted of any criminal offense not punishable by death shall have power, in addition to the sentence prescribed or authorized by law, to require the person to give security to keep the peace or be of good behavior, or both, for any term not exceeding three […]

§ 16-90-102. Presentence officers

(a) Every judicial district shall have the authority to appoint one (1) or more presentence officers to make such reports to a circuit court as it deems desirable as to the past conduct of any defendant that appears before the circuit court. (b) (1) The appointment of presentence officers shall be in writing and entered […]

§ 16-90-103. Sentences without notice void

All sentences made, rendered, or pronounced by any of the courts of the state against anyone without actual or constructive notice, and all proceedings had under such sentences, shall be absolutely null and void.