Title 15 — Title 15

Copies of Fingerprints. It shall be the duty of the sheriff of each county in this state who shall first take a person into custody to fingerprint such person and furnish a copy of such fingerprints, with the fingerprint card properly filled out, to the Director of the Federal Bu…

Designated; Duties Thereof. The Department of Public Safety, State Bureau of Investigation, shall constitute the central assembling agency of the State of Alabama for receiving such fingerprint records. Said agency shall maintain such records and shall furnish to all law- enforce…

The county commissions of the several counties in this state shall furnish to the sheriffs of the respective counties, at county expense, such equipment as may be required for the purpose of this article other than fingerprint cards and envelopes. History: (Acts 1943, No. 420, p.…

The State of Alabama, through the Department of Public Safety, shall provide the form of the fingerprint cards and furnish the several sheriffs with said uniform fingerprint cards and envelopes. History: (Acts 1943, No. 420, p. 385, §4.)

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…

(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…

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…

(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. …

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…

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…

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…

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 …

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…

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 …

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,…

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 …

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…

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…

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…

When used in this chapter, the following terms shall have the following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT COUNSEL. Any attorney licensed to …

District and Municipal Courts. Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1975, No. 1205, §9-105.)

Defendants Prior to Arraignment. In all criminal cases, including paternity cases, and civil and criminal nonsupport cases which may result in the jailing of the defendant, in any court of this state created by authority of the Constitution of Alabama of 1901, as amended, when a …

(a) If it appears to the trial court that an indigent defendant is entitled to counsel, that the indigent defendant does not expressly waive the right to assistance of counsel, and that the indigent defendant is not able financially or otherwise to obtain the assistance of counse…

(a) In all criminal cases where an indigent defendant has an appeal directly to an appellate court and the indigent defendant expresses his or her desire to appeal, the court shall enter a recital of notice of appeal in its minutes. (b) If it appears that the indigent defendant d…

Proceedings. (a) In proceedings filed in the district or circuit court involving the life and liberty of those charged with or convicted of serious criminal offenses including proceedings for habeas corpus or other post-conviction remedies, the trial or presiding judge or chief j…

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1981, No. 81-717, p. 1204, §5; Acts 1984, 1st Ex. Sess., No. 84- 793, p. 198, §1.)

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1984, No. 84-793, p. 198, §2.)

Default. (a)(1) A court may require a convicted defendant to pay the fees of court appointed counsel. Fees of court appointed counsel for the purposes of this section, shall mean any attorney’s fees and expenses paid an appointed counsel, contract counsel, or public defender. (2)…

(a) The director may recommend that a contract counsel system be used as the method to provide indigent defense services within a circuit or part thereof. The indigent defense advisory board shall be consulted and make a determination on the selection and appointment of contract …

Any provision of this chapter to the contrary notwithstanding, each judicial circuit desiring a contract counsel system shall be required to follow those procedures established for the selection of contract counsel established by the director. History: (Acts 1995, No. 95-757, p. …

Communications. Each contract counsel shall keep the records and make the reports as required by the terms of the applicable contract; except, that attorney-client communications involving the contract counsel shall remain confidential. History: (Acts 1995, No. 95-757, p. 1770, §…

Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to preclude judges from appointing counsel for indigent defendants, or from assigning representation of an indigent defendant to other contract counsel where there is a conflict of interest involving the contract co…

Circuits; Adoption of Rules for Effectuation of Systems by Circuit Courts. Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1975, No. 1205, §9-103.)

(a) In each judicial circuit, a voluntary indigent defense advisory board shall be established. (b)(1) Each board shall be composed of five members who are residents of the judicial circuit in which they are appointed, including the presiding circuit judge as the chair, the presi…

Attorneys. The indigent defense advisory board may establish a public defender office as a method to provide indigent defense services within a circuit or any part thereof. For each new term, and to fill any vacancy, the director may select and appoint a public defender for a cir…

(a) The public defender shall be appointed after June 14, 2011, for a fixed term not to exceed three years, subject to reappointment by the indigent defense advisory board, and may be removed from office for cause by the director. (b) The director may require that the public defe…

The public defender shall have the following powers and duties: (1) Within his or her geographic jurisdiction, the public defender shall provide indigent defense services as defined in Section 15-12-1 to indigent defendants. (2) The public defender, at the request and with the co…

(a) The public defender shall receive a salary set by the director. The salary shall not exceed the state salary paid to a district attorney and shall be paid in the same manner as employees of the state. (b) All salary and expenses of a public defender shall be paid by the state…

The public defender shall keep such records and make such reports on matters related to the operation of the office of the public defender as are required by the director. The attorney-client communications involving the defender or attorneys employed by him or her shall remain c…

Investigators, Etc. (a) The director may approve expenditures for attorneys, investigators, other personnel and nonpersonnel expenses of the public defender. Authorized employees of the public defender offices shall be entitled to annual and sick leave, insurance, retirement, and…

Contract Counsel Systems, Etc. Nothing in this article shall be construed to exclude establishment of appointed counsel or contract counsel systems parallel to a public defender system or to preclude judges from appointing counsel for indigent defendants where there is a conflict…

(a) Judicial role in determining indigency. The trial judge shall determine, in accordance with the policies and procedures established by the Office of Indigent Defense Services, if a person in his or her court is an indigent defendant, any time appropriate or necessary. Upon ap…

Compensation of counsel appointed to represent indigent defendants shall be paid by the state in such amounts as otherwise provided by law. The procedure for approval and payment for such services shall be as provided by law or rule as may be promulgated by the director. History:…

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ADMISSION TO BAIL. The order of a competent court or magistrate, when authorized by law to grant bail, that a defendant be discharged from actual custo…

This article shall be known and may be cited as “The Alabama Bail Reform Act of 1993.” History: (Acts 1993, No. 93-677, p. 1259, §1.)

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise. (1) APPEARANCE BOND. An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of th…

As used in this article, “bail” is the release of a person who has been arrested and is being held in the custody of the State of Alabama or one of its subdivisions for the commission of a criminal offense. The primary purpose of bail is to procure the release of a person charged…

Admission to bail is the order of a judicial officer of any court of the State of Alabama, or one of its subdivisions, that the defendant be discharged from actual custody on bail. Judicial officers of all courts in the State of Alabama shall see that every defendant arrested and…

Judicial officers shall see that the amount of bail is affixed to any warrants of arrests issued by the judicial officer at the time of their issuance for which the defendant is arrested and taken into custody. If arrested for an offense for which the defendant is not entitled to…

In cases where a defendant is arrested without a warrant for an offense that is bailable as a matter of right and taken into custody and there is no standard bail schedule prescribed by the presiding judge of the court of jurisdiction for the amounts of bail for the arrests witho…