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

When charged with a crime in Alabama, the accused has the right to retain legal counsel. Those who are financially unable to afford hiring legal services will be provided with assistance 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 refrain from behavior that may be disruptive to the court proceedings.

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 the right to a jury trial, as stated in 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 jury's verdict.
• 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 probable cause has been established for a criminal case to proceed 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.

What Does it Mean to be Indicted in Alabama?

An indictment in Alabama is a formal written accusation issued by a grand jury, charging a person with a crime, usually a felony. Before a suspect can be tried for a felony in Alabama, state law requires a grand jury first to return an indictment. The suspect must have been indicted based on the evidence presented to the jury.

Once returned, the indictment is endorsed as a “true bill.” It is important to note that the jury's finding of an indictment does not mean that the suspect is guilty of the alleged offense: it only indicates there is probable cause to proceed with formal charges.

A grand jury handles indictments in Alabama. The prosecutor presents evidence and calls on witnesses to testify, usually from law enforcement or the alleged victim. Indictment processes are generally one-sided, meaning the defense does not participate at this stage. The evidence presented to members of the jury impels them to take a vote on whether sufficient evidence exists to issue an indictment. According to Alabama Code § 12-16-204, at least 12 of the 18 grand jurors must agree in favor of the indictment before a formal indictment may be returned. If this threshold is met, the prosecution would have obtained the requisite authority to file a formal charge.

After an indictment, the justice administration process typically proceeds to arraignment. At this stage, the defendant appears in court, and the counts on the charge sheet are read to them, for them to take their plea (a defendant may either plead guilty or not guilty). If the defendant is not already in custody, they may be arrested pursuant to the authority conferred on the prosecution by the indictment. The case then proceeds to pretrial motions, discovery, and potentially trial, unless resolved through a plea agreement.

Does Indictment Mean Jail Time in Alabama?

No. Being indicted does not mean automatic jail or prison time. A defendant may be held in custody before trial only in certain situations:

• If bail is denied under Alabama laws
• If bail is set but the defendant cannot afford to pay, or
• If the crime charged is grave, the court deems pretrial detention necessary.

Under Alabama Code § 15-13-3, courts may hold a pretrial detention hearing to determine whether an individual should be detained before trial. Actual jail or prison only follows a conviction, either after trial or through a guilty plea.

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

No, under the Fifth Amendment of the US Constitution, the Double Jeopardy Clause applies to all states through incorporation. The double jeopardy clause typically protects individuals from being tried twice for the same offense, safeguarding their rights and interests.

How Do I Look Up 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 was heard. Interested parties may submit a written request to the court clerk, specifying the details of the records they are requesting. Criminal court cases that have been appealed to the appellate courts may be accessed using the appellate courts’ online electronic system, and requesters may 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 can be conducted using the case number or the name of the relevant 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.

Public Alabama criminal records may also be accessible through third-party websites. These sites may offer the convenience of a statewide database, allowing individuals to 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, the availability, accuracy, and validity of records may not be guaranteed. 

How Do I Remove Public Court Records in Alabama?

Alabama expungement law, as outlined in Title 15, Chapter 27 of the Code of Alabama, allows individuals with criminal records to expunge specific 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. Expungeable charges typically include non-felony offenses such as misdemeanors, violations, traffic violations, and municipal ordinance violations. Conditions for expungement include:

• 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 since then.
• The charge was not-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.