15-11-15
Section 15-11-15 Court to report when person held on indictment; report when no 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 transcript of
the docket, a list of the state's witnesses and all costs and all undertakings of bail by
parties or witnesses in the case. (b) When there has been no such committals since the last
session of the circuit court, the district court shall make a report of that fact to the district
attorney. (Code 1852, §473; Code 1867, §4022; Code 1876, §4692; Code 1886, §4298; Code
1896, §5247; Code 1907, §7615; Code 1923, §5248; Code 1940, T. 15, §151.)...
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15-15-21
Section 15-15-21 Information preferred and filed against 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 defendant, with
the same certainty as an indictment, of the criminal offense for which he is being held. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, §261.)...
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12-17-195
Section 12-17-195 Assistant district attorneys representing defendants charged with
criminal offenses. Any assistant district attorney who acts as attorney for, represents or
defends any defendant charged with a criminal offense of any kind or character in any court,
state, municipal or federal, in this state, shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $100.00 nor more than $1,000.00. (Acts 1945, No. 342, p. 558.)...

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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion
of the district attorney or Attorney General, for good cause shown and after notice to the
defendant, may order the taking of a videotaped deposition of an alleged victim of or witness
to the crime who is under the age of 16 at the time of the order. (b) On any motion for a
videotaped deposition of the victim or a witness, the court shall consider the age and maturity
of the child, the nature of the offense, the nature of testimony that may be expected, and
the possible effect that the testimony in person at trial may have on the victim or witness,
along with any other relevant matters that may be required by Supreme Court rule. (c) During
the taping of a videotaped deposition authorized pursuant to this section, the...
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15-6-20
Section 15-6-20 Examination of complainant and witnesses; form of affidavit. (a) Whenever
complaint is made to a judge of a circuit, district or municipal court that any person has
threatened or is about to commit an offense on the person or property of another, such judge
must examine the complainant and any witness he may produce on oath, reduce such examination
to writing and cause it to be subscribed by the party so examined. (b) The affidavit may be
after the following form: "State of Alabama, ___ County. Before me, ___,a (circuit, district
or municipal) judge (setting out his name and office) in and for said county and state, personally
appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault
and beat him (or is about) to ___ (here set forth the particular offense threatened or about
to be committed) on the person or property of affiant (or E. F., a third person, as the case
may be.) (Signed) A. B. Sworn to and subscribed...
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13A-10-195
Section 13A-10-195 Possession, distribution, etc., of detonator, explosive, poison gas,
or hoax device by person under indictment or convicted of felony. (a) It shall be unlawful
for a person who is under indictment or who has been convicted of a felony by a court of this
state, any other state, the United States including its territories, possessions, and dominions,
or a foreign nation to possess, manufacture, transport, or distribute a detonator, explosive,
poison gas, or hoax device. (b) It shall be unlawful for a person to knowingly distribute
a detonator, explosive, poison gas, or hoax device to any of the following: (1) A person who
he or she knows or should know has been convicted of a felony by a court of this state, any
other state, the United States including its territories, possessions, and dominions, or a
foreign nation. (2) A person who he or she knows or should know has been adjudicated to be
mentally incompetent by a court of this state, any other state, or the United...
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15-11-12
Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking. (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. (b)
The undertaking of the witnesses for the prosecution or defense may be in substance as follows:
"The State of Alabama, ) We, A.B., C.D., and E.F., witnesses against (or for, as the
case may be), G.H., ___ County, ) charged with a public offense, do each agree to appear at
the district court of _____ County, to give evidence against (or for, as the case may be)
him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking
is for the defendant's witnesses) $100.00. Dated this _____ day of _____, 20__. (Signed) A.B.
C.D. E.F. Taken by L. M., Judge, District Court." (c) Whenever the court...
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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice
of the rendition of the judgment set forth in Section 15-13-131 shall be issued by
the clerk of the court and served according to the terms as established in this article within
90 days of the court's conditional forfeiture order to the defendant and sureties. The notice
may be in the following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County
___ Surety Case No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court
Defendant ___ ___ Surety You are hereby notified that your name appears as a surety on the
bond in the above styled case. This case was called for trial on ___ (date) and the defendant
was not present to answer. Therefore, a conditional forfeiture of ___ dollars was entered
against you. You shall file a written response within 28 days after you...
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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted
to bail when he is charged with an offense which may be punished by death if the court is
of the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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15-15-44
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; 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,
if the accused has not been arrested, it must be filed at the first session at which it is
practicable after the defendant's arrest; and, in all cases before a plea to the merits, if
sustained, the defendant must not be discharged but must be held in custody or bailed, as
the case may be, to answer another indictment at the same or the next session of the court,
and the time elapsing between the first and second indictments, in such case, must not be
computed as a part of the period limited by law for the prosecution of the offense. (Code
1852, §636; Code 1867, §4188; Code 1876, §4890; Code 1886, §4446; Code 1896, §5270; Code...

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