Slideshows
The Adult Criminal Process
Published: Saturday, July 4, 2009 at 3:30 a.m.
Last Modified: Sunday, April 6, 2008 at 11:13 p.m.
Last Modified: Sunday, April 6, 2008 at 11:13 p.m.
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May 1, 2008 10:28:31 am
RE: http://www.timesdaily.com/apps/pbcs.dll/article?AID=/99...A07/275364182/0/NEWS
I took a few minutes to check out the slide show about the adult criminal process. I don't know why the TD would put this here, because it certainly doesn't reflect the process in Alabama. In fact, some of it is just plain WRONG.
In case anyone cares, here's how it works in Lauderdale County:
1. Arrest. Self-explanatory.
2. First appearance (via videoconference if person hasn't already bonded out of jail). There is a standard bail schedule for most offenses, so the person may not even see a judge before their release from jail. Otherwise, judge informs defendant of the charges and amount of bail. An attorney will be appointed at this time if the defendant can't afford one.
3. Felony first/misdemeanor first call docket (district court). If the charge is a misdemeanor, first call is to either plead guilty or set for bench trial (no jury). If the charge is a felony, first call is to appoint an attorney if needed, ask for preliminary hearing if desired, or waive case to the grand jury.
4. Preliminary hearing (if requested, but no guaranteed right if case has already been presented to grand jury). Judge determines whether there is probable cause to proceed with case. Normally not an actual hearing, attorney speaks with officers involved and determines what the state's evidence will likely be. Attorney can waive case to the grand jury, or if a hearing is held, judge will "bind over" to grand jury assuming probable cause (99.9% of cases). Otherwise, case could be dismissed.
5. Grand jury. State presents evidence to the grand jury to determine probable cause (felony charges only). Some felony cases begin at this stage, bypassing the steps above. Secret proceedings, defense attorney is not allowed. Defendant may be invited by the DA to testify. Normally this isn't a good idea for the defendant. If grand jury finds probable cause, they "true bill" the case and an indictment is issued listing the charges found by the grand jury. If no probable cause, the grand jury "no bills" the case (like a dismissal).
6. Indictment. Formal charging instrument in circuit court.
7. Capias warrant. Served on defendant notifying him
May 1, 2008 3:06:55 pm
I remember the article on "good time" and parole. The writer has almost everything wrong. You can go to the Parole Board website and look it up.
May 1, 2008 3:08:16 pm
WHAT? A professional journalist got the facts wrong? I'm shocked!
May 1, 2008 3:09:10 pm
Didn't say professional. Said Times Daily writer.
May 1, 2008 3:29:53 pm
Oops. My bad!
May 1, 2008 6:30:31 pm
Lawguy, could you explain no. 7 as in when is one already arrested. Does it depend on the type of crime?
May 1, 2008 6:40:38 pm
Some cases originate with an arrest and proceed through the District Court as described. Others could just be presented to the Grand Jury for consideration without there having been an arrest. In that case after the Grand Jury returns an indictment, there must be an arrest and an opportunity to make bond. A defendant is only arrested once, except in the case of felony DUIs. They are usually arrested at the scene and if it is a felony, indicted by the Grand Jury, they must be arrested again on the felony charge.
There is no real distinction as to what sorts of cases start with an arrest and what sorts start with the Grand Jury. It often depends on the particular facts and what investigation reveals.
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