What Do You Do if You Are On Trial For a Crime in Alabama?

When charged with a crime in Alabama, the accused may exercise their right to retain legal counsel. Those who are financially incapable of hiring legal services will be provided at the state's expense. Defendants are generally required to attend all pre-trial hearings and be informed of the prosecution’s evidence to build up a defense. Defendants are required to enter a plea at the arraignment following the counsel of their attorney.

During the trial, the court is required to obey all court procedures and rules established by the Alabama Judicial System. Accused persons are advised to avoid behavior that might be disruptive to the court proceedings.

Public Alabama criminal records are also accessible through third-party websites. These sites may offer the convenience of a statewide database where individuals can perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

What Percentage of Criminal Cases Go to Trial in Alabama?

 In 2018, the Alabama annual court statistics report, published by the Alabama Administrative Office of Courts, stated that 90,431 criminal cases were filed and 2,026 trials were conducted. The percentage of criminal trials to criminal court filings was 0.97%. 

When does a Criminal Defendant Have the Right to a Trial?

All criminal defendants in Alabama have a right to a jury trial according to Rule 18.1 of the Alabama Rules of Criminal Procedure. If the decision from a municipal or district court in the state is appealed to a circuit court, the defendant has the right to a new jury trial in the appellate court. For appealed cases, the appellant must include a request for a jury trial along with the appeal. If the suspect fails to demand a trial by jury in the appeal submitted, they will waive the right to a jury trial.

A jury trial may not occur for defendants if the individual does not want a trial by jury. Alabama felonies are typically prosecuted on indictment by the grand jury. Felonies are the only criminal crimes for which a jury trial is necessary; for crimes such as misdemeanors, the defendant must request a jury trial promptly. The offender has a right to a jury trial only during the trial hearing and at an appeal hearing in the circuit court—they cannot have a jury trial during the pre-trial hearings. Pre-trial hearings only include the initial appearance, the preliminary hearing, and the arraignment.

What are the Stages of a Criminal Trial in Alabama?

There are eight stages in an Alabama criminal trial. The jury selection and deliberation stages may not be part of the process where there is no jury trial.

• Jury selection: The jury’s choice for a criminal trial is as per the provisions of Rule 18.4 of the Alabama Rules of Criminal Procedure.
• Swearing in of witnesses: The witnesses of both parties in the case are sworn in and required to say nothing but the truth during the trial.
• Opening statements: The prosecution and the defense attorney are permitted to speak to state the defendant’s guilt or innocence.
• Presentation of evidence: The prosecution lawyer may present the evidence, after which the defendant answers in defense.
• Further arguments: This stage is dependent on the court’s discretion. The court will allow the prosecution attorney to present more evidence. The prosecution lawyer cannot make further arguments if the defendant refuses to continue the arguments.
• Jury deliberation: The jury retreats to a chamber to review the arguments and evidence presented by both sides of the case.
• Sentencing: The judge sentences the defendant based on the verdict given by the jury.
• Appeal: If either side of the legal argument is dissatisfied with the court’s decision, an appeal to a higher court is possible.

How Long Does it Take For a Case to Go to Trial in Alabama?

Defendants of a criminal charge have the right to a speedy trial as provided under Rule 8.1 of the Alabama Rules of Criminal Procedure. However, depending on the considerations of the court, the right to a speedy trial may be affected by these factors:

• If the defendant is in custody
• The gravity of the offense charged
• The complexities of the case

What Happens When a Court Case Goes to Trial in Alabama?

The court selects a jury after a probable cause has been found for a criminal case to move forward to trial. The court and the two attorneys on either side of the proceeding examine the jurors to determine if any juror is unfit to provide an impartial judgment. The trial commences with the witnesses’ swearing-in, the charges against the defendant being read, and the defendant’s plea. Both sides of the case are permitted an opening statement on the details of the case.

The prosecution lawyer presents the evidence against the defendant, and the defendant showcases evidence in defense. The court may reopen the case for the prosecutor and the defendant to make further arguments. The jury then deliberates on the trial and delivers a unanimous verdict. If the defendant is found guilty, the judge sentences the defendant based on the jury’s decision and the issuance of sentences following Title 13A of the Code of Alabama. The defendant may appeal the decision to the circuit court for a new trial.

Can You Be Put On Trial Twice For The Same Crime In Alabama?

No, under the Fifth Amendment, the US Constitution ruled that the double jeopardy clause applies to all states through incorporation. The double jeopardy clause typically protects parties from being tried twice for the same crime to safeguard offenders’ lives and properties.

How Do I Lookup a Criminal Court Case in Alabama?

Criminal court cases heard in the district and circuit courts can be found online or through the Clerk of Court where the case hearing occurred. Interested persons may send a written request to the court clerk stating the details of the requested records. Criminal court cases that have been appealed to the appellate courts can be accessed using the appellate courts’ online electronic system, and requesters can also visit the courts in person or send a mail request. Nevertheless, requestors are typically charged a fee for making copies. Other third-party sites may also provide access to criminal court cases upon registration.

How to Access Electronic Court Records in Alabama

The Alabama Judicial System has two systems that allow electronic access to court records. One platform provides only trial court records and files from the district and circuit courts. Searches on this system use the case number or the name of the appropriate party. The repository also offers a case monitoring service for trial court cases. However, a monetary payment is required to access the services on the database.

The second system allows access to appellate court records through the Appellate Courts’ Online Information Service (ACIS). This electronic database provides access to court documents from the state’s appellate courts, such as the Supreme Court, the Court of Civil Appeals, and the Court of Criminal Appeals. Registration is required.

How Do I Remove Public Court Records in Alabama?

Alabama expungement law under Title 15 of Chapter 27 of the Code of Alabama allows persons with criminal cases to expunge selected records. Nevertheless, the Code does not apply to all criminal charges. Records expunged are generally no longer accessible to the public and do not show up on background checks. Expugnable charges are non-felony charges such as misdemeanors, violations, traffic violations, and municipal ordinance violations. Conditions for expungement include if:

• The defendant was acquitted.
• The court dismissed the charge with prejudice over two years ago, and the defendant has not committed any felony, misdemeanor, or traffic violation within those two years.
• The charge was no-billed by a grand jury, which means there is not enough evidence to try the individual in court.

Non-violent felony charges may also qualify for expungement if the court dismissed the case after the petitioner completed a court-deferred prosecution program. Persons who wish to expunge criminal records in Alabama are expected to confirm whether there is a provision (for their expunction) under the law.