Title 15 — Title 15
0 chapters · 813 sections in this title.
Ala. Code § 15-11-1 Right of Person Arrested for Felony to Hearing; Failure of Defendant to
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Appear at Hearing. Every person charged with and arrested for a felony before his indictment shall have an absolute right to a preliminary hearing on said charge upon such person’s demand within 30 days following said arrest; provided, that such person’s failure or refusal to app…
Ala. Code § 15-11-10 When Defendant Committed to Bail or Jail; Form of Commitment
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(a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant is guilty thereof, he must be discharged, if the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or…
Ala. Code § 15-11-11 Amount of Bail to Be Endorsed on Commitment; Discharge of
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Defendant. Whenever a person is committed to jail for a bailable offense under the provisions of this chapter, the court must endorse on the commitment the amount of bail required and sign his name thereto. The sheriff of the county to which the defendant is committed may dischar…
Ala. Code § 15-11-12 Requiring Witnesses to Enter Undertaking; Form of Undertaking
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(a) The court may require the witnesses for the prosecution to enter into an undertaking, in the sum of $100.00 each, to appear and testify at the court having cognizance of the offense and, if requested by the defendant, may require his witnesses to enter into such undertaking. …
Ala. Code § 15-11-13 Requiring Sureties of Married Women and Minors When Witnesses for
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Prosecution. Married women and minors, when material witnesses for the prosecution, may also be required, in the discretion of the court, to procure sureties who will undertake for their appearance to testify. History: (Code 1852, §470; Code 1867, §4019; Code 1876, §4689; Code 18…
Ala. Code § 15-11-14 Failure or Refusal of Witness to Enter Undertaking; Discharge of
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Witness Upon Entering into Undertaking. (a) Any witness required under this chapter to enter into an undertaking, with or without surety, may be committed to jail on failure or refusal to do so. (b) In cases arising under subsection (a) of this section, the court must state in th…
Ala. Code § 15-11-15 Court to Report When Person Held on Indictment; Report When No
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Committals. (a) When any person is held by a district court to answer an indictment for a public offense, it is the duty of such court to return to the district attorney immediately after the order holding or committing such person the affidavit and warrant of arrest, with a tran…
Ala. Code § 15-11-2 Jurisdiction of District Court; Prosecution Not Barred by Finding of No
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Probable Cause. The district court shall exercise exclusive jurisdiction to hold preliminary hearings in prosecutions for felonies. A preliminary hearing determination by the district court finding no probable cause shall not be res judicata with respect to the issue of probable …
Ala. Code § 15-11-3 Adjournment; Commitment of Defendant to Jail or Bail
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When a defendant is brought before a district court under a warrant of arrest for preliminary examination, the court may adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one time, without the consent of the defendant, and to the same or a d…
Ala. Code § 15-11-4 Default of Defendant Admitted to Bail Certified to Circuit Court; District
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Court’s Certificate as Presumptive Evidence of Default. If the defendant does not appear before the district court at the time to which an examination is adjourned, the default on the undertaking of bail shall be certified by the district court to the circuit court, and the like …
Ala. Code § 15-11-5 Issuance of Alias Arrest Warrant Upon Default
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On the failure of the defendant to appear on the day to which an examination is adjourned, another warrant of arrest may be issued, upon which the same proceedings may be had against the defendant as on the original warrant. History: (Code 1852, §457; Code 1867, §4006; Code 1876,…
Ala. Code § 15-11-6 Examination of Complainant and Witnesses
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The court before whom any person is brought charged with a public offense must examine the complainant and the witnesses for the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the testimony for the prosecution is heard, the witnesses for the …
Ala. Code § 15-11-7 Appearance by Counsel for Defendant; Separation of Witnesses;
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Control of Hearing. In a preliminary examination, the defendant may appear by counsel and, on application, the court may direct the witnesses for the prosecution or defense, or both, to be kept separate so that they cannot hear the evidence or converse with each other until exami…
Ala. Code § 15-11-8 Duty of Court to Examine All Witnesses
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In a preliminary examination, it shall be the duty of the court to examine all witnesses having any knowledge of any facts relevant to such investigation, whether such witnesses were summoned in behalf of the state or of the defendant. History: (Code 1907, §7603; Code 1923, §5236…
Ala. Code § 15-11-9 When Defendant to Be Discharged
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If upon the whole evidence in a preliminary examination it appears to the court that no offense has been committed or that there is no probable cause for charging the defendant therewith, the defendant must be discharged. History: (Code 1852, §461; Code 1867, §4010; Code 1876, §4…