Title 15 — Title 15

After the entry of conditional judgment against any surety on an undertaking of bail, he may arrest the defendant as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff shall not exonerate the surety unless, in the judgment of the court, a g…

New Bail Allowed. To exonerate the bail, the surrender of the defendant must be made to the sheriff of the county in which the court is held, to which the defendant is bound to appear or to which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may…

If money has been deposited instead of bail and at any time before the forfeiture thereof the defendant surrenders himself to the officer to whom the commitment was directed, the court must order a return of the deposit to the defendant upon producing the certificate of the offic…

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…

Appeals; Procedure Upon Order of Court of Criminal Appeals Admitting Defendant to Bail. (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…

of Bail. (a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, appeal or in any other case, is the appearance of the defendant at court; and the undertaking is forfeited by the failure of the defendant to appear, although the…

Return of Notice; Alias Notices. (a) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited instead of bail, a conditional judgment must be entered by the court in favor of the state against the parties to th…

Excuses for Default Heard. (a) If the defendants appear and show sufficient cause for their default on bail, to be determined by the court, the conditional judgment must be set aside; but, if the excuse is not sufficient or if they fail to appear, such judgment must be made absol…

It is the duty of the clerk of the circuit court to set for trial all criminal cases in his court, except capital cases and cases of parties in custody, for particular days, and no case so set shall be called for trial before such day. History: (Code 1876, §4869; Code 1886, §4447…

No person shall be tried on an indictment presented by the grand jury until at least one entire day after the case has been placed upon the trial docket of the court, except with the consent of the defendant. This section shall not apply to cases where an indictment has been quas…

When two or more defendants are jointly indicted, they may be tried either jointly or separately, as either may elect. History: (Code 1852, §638; Code 1867, §4190; Code 1876, §4892; Code 1886, §4451; Code 1896, §5275; Code 1907, §7842; Code 1923, §5570; Code 1940, T. 15, §319.)

The court may, on any day of the session, fix the time for the trial of any capital case or cases for any subsequent day of the session. History: (Code 1896, §5003; Code 1907, §7262; Code 1923, §8650; Code 1940, T. 30, §69.)

In all misdemeanor cases in the circuit court, the issues and questions of fact shall be tried by the judge of the court without the intervention of a jury except in cases where a trial by jury is demanded in writing by the defendant. Such written demand shall be filed in the cas…

Argument Concluded. The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the cour…

This article shall be known as and may be cited as “The Alabama Crime Victims’ Court Attendance Act.” History: (Acts 1983, No. 83-622, p. 971, §1.)

(a) The Legislature hereby finds and determines that it is essential to the fair and impartial administration of justice that a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or hearing or any portion thereof conducted by any court which in …

Unless the context clearly requires otherwise or unless different meanings are expressly specified in subsequent provisions of this article, wherever used in this article, the following terms, whether used in the singular or plural shall be given the following respective interpre…

The victim of a criminal offense shall be entitled to be present in any court exercising any jurisdiction over such offense and therein to be seated at the counsel table of any prosecutor prosecuting such offense or other attorney representing the government or other persons in w…

A victim of a criminal offense shall not be excluded from court or counsel table during the trial or hearing or any portion thereof conducted by any court which in any way pertains to such offense, provided, however, a judge may remove a victim from the trial or hearing or any po…

A victim of a criminal offense shall be exempt from the operation of rule of court, regulation, or statute or other law requiring the separation or exclusion of witnesses from court in criminal trials or hearings. History: (Acts 1983, No. 83-622, p. 971, §6.)

(a) Whenever a victim is unable to attend such trial or hearing or any portion thereof by reason of death; disability; hardship; incapacity; physical, mental, or emotional condition; age; or other inability, the victim, the victim’s guardian or the victim’s family may select a re…

The failure of a victim or a person designated to represent the victim to exercise any right granted by the provisions of this article shall not be cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse or remand a criminal conviction.…

If a defendant, when arraigned, refuses or neglects to plead or stands mute, the court must cause the plea of not guilty to be entered for him. History: (Code 1852, §617; Code 1867, §4169; Code 1876, §4870; Code 1886, §4438; Code 1896, §5262; Code 1907, §7565; Code 1923, §5195; C…

In pleading a judgment or other judicial proceeding or determination of any court or officer, such judgment, proceeding or determination may be alleged to have been duly made or rendered without stating the facts conferring jurisdiction; but the facts necessary to show jurisdicti…

(a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or her arrest to a judge of the district or circuit court of the county having jurisdiction of the offense charged that the defendant…

When the desire of a defendant to plead guilty is made known to the court, it shall direct the district attorney of such court to prefer and file an information against such defendant, under the oath of such district attorney or some witness, which information shall accuse the de…

When an information has been filed as provided in Section 15-15-21 and counsel employed or appointed, the court shall, by order entered upon the minutes of the court, fix a date for the defendant to formally make and enter his plea of guilty in open court, which date shall not be…

Sentencing of Defendant. (a) Upon the date fixed for the formal plea of guilty by a defendant, the court shall proceed to hear the testimony of any witnesses who may be summoned or offered either by the state or by the defendant or whom the court may direct to be summoned, and it…

Jury Impaneled. (a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the intervention of a jury, shall determine the degree of the offense and fix the punishment therefor the same as a jury might fix or impose it if the case were being tried by …

If the court, after hearing a plea of guilty by a defendant and the testimony offered, is of opinion that no offense has been committed or is not satisfied beyond a reasonable doubt that the defendant is guilty, then the court may order the defendant recommitted to jail to await …

After the court has heard and considered a plea of guilty by a defendant and has permitted the filing of such plea and sentenced the defendant, such defendant shall not have the right of appeal from the action of the court. History: (Acts 1939, No. 227, p. 367; Code 1940, T. 15, …

In criminal proceedings, a plea is to be determined according to its substance and not by its commencement or conclusion. History: (Code 1852, §637; Code 1867, §4189; Code 1876, §4891; Code 1886, §4442; Code 1896, §5266; Code 1907, §7569; Code 1923, §5199; Code 1940, T. 15, §282.…

The following forms of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they are applicable, but they are not exclusive, and any other form sufficient at common law, under the statutes or any analogous or kindred pleadings, where no form is provi…

(a) No objection to an indictment on any ground going to the formation of the grand jury which found the same can be taken to the indictment except by a plea in abatement to the indictment, and no objection can be taken to an indictment by a plea in abatement except upon the grou…

Any plea in abatement to an indictment must be filed at the first session at which the indictment was found, if the accused has been arrested; or, if the accused has not been arrested, such a plea in abatement must be filed at the first session at which it is practicable after th…

No plea in abatement or other dilatory plea to an indictment must be received unless it is verified by oath or unless its truth appears by some matter of record or other written evidence accompanying it. History: (Code 1852, §634; Code 1867, §4186; Code 1876, §4888; Code 1886, §4…

Commenced and Pending in District or Municipal Court. (a) The original jurisdiction of the circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution for a misdemeanor has been first commenced and is still pending in a district cou…

Procedure When Plea Sustained. A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed at the session at which the indictment is found, and,…

When the defense of insanity is set up in any criminal prosecution, it must be by special plea, interposed at the time of arraignment and entered of record upon the docket of the court, which, in substance, shall be “not guilty by reason of insanity.” A plea of insanity shall not…

Irresponsibility. Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused. The defense of insanity in all criminal prosecutions shall be clearly proved to the reas…

Persons; Proceedings Where Person Found Insane. If any person other than a minor in confinement, under indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness, in consequence of any summary conviction appears to be insane, the judge of the …

Proceedings Upon Jury Findings; Resumption of Proceedings When Sanity Restored; Release Restriction. If any person charged with any felony is held in confinement under indictment and the trial court shall have reasonable ground to doubt his sanity, the trial of such person for su…

Observation and Examination of Defendant by Commission on Lunacy; Report by Commission; Order of Clerk of Court; Expenses of Removal of Defendant. (a) Whenever it shall be made known to the presiding judge of a court by which an indictment has been returned against a defendant fo…

Upon Restoration to Sanity; Limitations on Jurisdiction to Suspend Execution. If after conviction and sentence to death, but at any time before the execution of the sentence, it is made to appear to the satisfaction of the trial court that the convict is then insane, such trial c…

Guilty or Verdict of Conviction. If it shall appear from the evidence that a defendant did the act charged as constituting the offense, but at the time of committing the act he was insane, the jury shall render a special verdict to the effect that the defendant is not guilty by r…

Circumstances to Fulfill a Pending Commitment Order Under Chapter 52 of Title 22. Notwithstanding Section 15-16-20, if a commitment order has been issued pursuant to Chapter 52 of Title 22, but cannot be fulfilled because the respondent is subsequently confined solely for misdeme…

by State. The costs of removing an insane prisoner to and from the Alabama state hospitals under any of the provisions of this chapter must be defrayed by the state as in the case of removal of prisoners from one county to another; and such cost, together with the expenses of suc…

Defendant Found Not Guilty by Reason of Insanity; Subsequent Proceedings. (a) If a defendant in a criminal case is found not guilty by reason of insanity, the court shall determine whether the defendant should be held for a hearing on the issue of his or her involuntary commitmen…

Whenever the court finds probable cause pursuant to Section 15-16-41, the court shall hold a final hearing within 30 days to determine whether the defendant shall be involuntarily committed. History: (Acts 1981, No. 81-708, p. 1189, §2.)

(a)(1) If, at the final hearing, the court finds that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant committed to the custody…