Title 15

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 discharge him on g…

(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. …

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. (Code 1852, §470; Code 1867, §4019; Code 1876, §4689; Code 1886, §4295; Code 1896, …

(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 the commitment the amount of the undertaki…

(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 transcript of th…

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 cause, and the s…

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…

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 proceedings must be had thereon as upon the breach of an…

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. (Code 1852, §457; Code 1867, §4006; Code 1876, §4676; C…

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 …

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 examined. Such an examina…

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. (Code 1907, §7603; Code 1923, §5236; Code 19…

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. (Code 1852, §461; Code 1867, §4010; Code 1876, §4680; Code…

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 …

(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…

(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. (Acts 19…

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 defendant is entitled to counsel …

(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…

(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 justice of the…

(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) The cour…

(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. (Acts 1995, No. 95-757, p. 1770, §3;…

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. (Acts 1995, No. 95-757, p. 1770, §4.)

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…

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 circuit. The i…

(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…

(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 other state employe…

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 of interest involving the publ…

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…

In all cases other than those specified in Section 15-13-3, a defendant, before conviction, is entitled to bail as a matter of right. (Code 1852, §684; Code 1867, §4235; Code 1876, §4843; Code 1886, §4416; Code 1896, §4358; Code 1907, §6338; Code 1923, §3371; Code 1940, T. 15, §1…

AMENDED BY ACT 2025-273, EFFECTIVE CONTINGENT ON RATIFICATION OF CONSTITUTIONAL AMENDMENT. SEE ACT FOR REVISED LANGUAGE. (a) A defendant is not eligible for bail when he or she is charged with capital murder pursuant to Section 13A-5-40, if the court is of the opinion, on the evi…

(a) Notwithstanding any provision of law, a judge may order, as a condition of bond, that a defendant charged with any offense listed in Section 15-13-3, be supervised by the Board of Pardons and Paroles (b) The board shall adopt rules necessary to implement the requirements of t…

All judges or magistrates, when authorized by law to grant bail, shall take care that every prisoner in jail shall have an opportunity to give bail in cases in which a prisoner is entitled to bail. Any judge or magistrate, when authorized by law to grant bail, may approve any bon…

(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no case be less than $50.00. (b) If an indictment charges a misdemeanor and the defendant is com…

(a) When an indictment is filed in court charging the defendant with a bailable felony and the defendant fails to give bail in open court, the judge of the court must forthwith endorse on such indictment the amount of bail to be required of the defendant. When an application for …

When a writ of arrest is issued upon an indictment, the clerk issuing the writ shall endorse on the writ an order to the sheriff to take bail of the defendant in the amount fixed by the judge and endorsed by him or her on the indictment, unless the defendant is charged with an of…

(a) When an application for bail is made to any circuit judge and is refused, no subsequent application can be made, but the evidence in such case may be preserved for review on application to the Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appea…

When bail is taken in open court, it must be entered in the minutes, and may be as follows: (Code 1852, §687; Code 1867, §4238; Code 1876, §4846; Code 1886, §4419; Code 1896, §4361; Code 1907, §6341; Code 1923, §3374; Code 1940, T. 15, §199; Acts 1949, No. 199, p. 230.)

When not taken in open court, the undertaking of bail must be in writing, signed by the defendant and at least two sufficient sureties and approved by the court or officer taking the same, and may be substantially in the following form: (Code 1852, §688; Code 1867, §4239; Code 18…

(a) Each person signing as surety an undertaking of bail must be: (b) The court or magistrate in taking bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to do a bonding business in this state and authorized to execute the undertaking of bail…

It is not necessary that lunatics or infants should themselves execute or acknowledge the undertaking of bail, but any other person may enter into an undertaking for their appearance. (Code 1852, §695; Code 1867, §4246; Code 1876, §4854; Code 1886, §4422; Code 1896, §4364; Code 1…