Alabama Rules of Criminal Procedure: In-Depth Overview

Alabama Criminal Procedure Overview

Understanding Alabama Rules of Criminal Procedure: A Comprehensive Guide
Alabama Rules of Criminal Procedure – The Rules of Criminal Procedure govern the procedures for criminal prosecutions and criminal actions in Alabama. The Rules are divided into rules for guilty pleas, pretrial procedures, dispositions without trial, trial, jury trial, post conviction goods, indictment and informations, arraignment, release from custody, probable cause determination, issuance of a warrant of arrest, issuance of a search warrant, the arrest warrant, severance of trial, jury instructions, verdicts, motions after the verdict, appeal and review, bail, commitment and recommitment of defendants, sentencing, the probation officer, probation hearings and supervision, parole , presentence investigation report, sexual offender assessment, jury selection, and witnesses. These criminal procedural rules outline how a defendant is charged with an offense, tried for the offense and what to expect after a conviction or acquittal.
The Alabama Rules of Criminal Procedure, which are adopted by the Alabama Supreme Court under the Alabama Constitution, declare the rights of the defendant in a criminal action. If there is an irregularity or omission in the Criminal Rules it can be corrected by a trial judge, but it can never be the basis for a claim of error on appeal. It should be noted however that generally an attorney cannot claim procedural error on appeal because he or she failed to properly preserve the error at trial below.

Criminal Procedure Steps

The major steps in the Alabama criminal process are:
Arrest: In Alabama, individuals can be arrested with either a warrant or without a warrant, depending on the circumstances of the case. An arrest warrant is issued by a judge after a determination is made that there is probable cause that a crime was committed and the defendant committed the crime. When no warrant is present, an arrest can be made if the police officer has probable cause that a crime was committed and the crime is:
Arraignment: Before the arraignment, individuals will be booked. Booking is a process of collecting personal and biographical information and taking fingerprints. Bond for pretrial release may also be set at this time.
Arraignment is the formal reading of criminal charges in the presence of the defendant to inform the defendant of the charges against him or her. The defendant then enters a plea to the charges. In Alabama, this can be done in person or by a statement submitted to the court. If the defendant pleads guilty, the court can immediately sentence the defendant. If the defendant pleads not guilty, he or she is set for trial.
Pre-Trial Motions: Filing pre-trial motions can secure your rights or seek to ask the court to suppress certain evidence before trial. Issues around evidence can be discussed before a judge, including illegal searches, benefits of a plea bargain versus trial, and Seventh Amendment Rights. These motions can be difficult to navigate if you attempt to go through them alone. It is always wise to discuss any potential evidence suppression issues with a criminal defense attorney in Alabama before attempting the process yourself.
Trial: If the defendant does not enter a guilty plea, the case will go to trial. During trial, the prosecution must prove the charges against the defendant beyond a reasonable doubt. The defendant does not have to prove anything.
The defendant’s attorney may want to waive the jury trial in Alabama and have judgement decided by a judge, or bench. It’s important to consider whether a jury trial is appropriate in your case, since a jury might be more lenient due to their position as community members rather than legal representatives. On the other hand, community members may be less lenient in order to avoid setting a precedent for similar cases. It’s important to have a thorough discussion with your attorney about the merits of a jury trial versus a judge trial in Alabama prior to opting for one or the other.
If you are convicted of a crime, sentencing may take place on the same day or at a later date. The judge uses numerous factors when assessing sentencing, including prior convictions, possible sentences outlined in law, and the circumstances of the crime. Sentencing also depends on the type of crime. Felonies and misdemeanors are generally sentenced as follows:
Appeals: Anyone convicted in Alabama on felony or misdemeanor charges has the right to appeal their conviction. Defendants can file an appeal to a higher court based on any legal mistakes that occurred during the trial period. Examples of these errors include incorrect jury instructions, inappropriate reference to a defendant’s prior criminal record, and inadmissible hearsay testimony.

Accused Party Rights

A cornerstone of the American justice system is the protection of individual rights and civil liberties. In Alabama, there are several fundamental rights guaranteed to defendants under the Alabama Constitution and Alabama law.
The right to a fair trial
The Alabama Constitution provides that "[e]very person charged with [a] public offense shall have the right to a speedy and public trial by an impartial jury of the county or district in which the offense is committed." That right, however, is subject to the requirement that a not guilty plea must be entered.
The right to counsel
In Alabama, criminal defendants will be represented by counsel at trial if they are accused of an offense punishable by death, fatal punishment, confinement for more than one year or imprisonment in the penitentiary. The right to counsel applies only to capital offenses and felonies. Criminals are not entitled to state-paid counsel in connection with misdemeanor charges pending in any municipal or district court or noncapital misdemeanor appeals pending in any circuit or appellate court.
The right against self-incrimination
Section 6 of the Alabama Constitution provides that all persons "have the right to refuse to testify against himself in all criminal prosecutions." This right is without qualification. Under recent US Supreme Court precedent, Section 6 protects against mere comment about a defendant’s election and does not prohibit an instruction on the adverse inference attempt.

Discovery and Pre-Trial Processes

Pre-trial procedures are the legal steps taken prior to the trial of a case. Most pre-trial actions occur after an arrest and before a trial date is set by the Circuit Court. However, it’s important to be aware that pre-trial and discovery actions can result in a final judgment in a criminal case.
Discovery is the opportunity for both sides to learn what evidence each side has and to ask court orders that certain evidence be excluded. If applied appropriately, discovery can make or break a criminal case and often determines whether a case might be resolved without going to trial (also called plea bargaining). In Alabama, discovery procedures include:
At the preliminary hearing, a defendant may be released on bail (or remanded without bail). In many circumstances, once a defendant is released on bail, the only time he or she has to come to court is during a plea assignment or pretrial conference. A plea assignment is the day that the defendant must appear in court in front of the judge and prosecutor to discuss a possible resolution of their case without going to trial. The client and/or attorney have the option to either plead guilty to the charge(s) or request a trial by jury or judge. If the charge(s) are not resolved at the plea assignment, a pretrial conference will be scheduled. This is the last opportunity for the case to be resolved without going to trial.
If a case is not resolved at the plea assignment or pretrial conference, a trial date will be scheduled. The defendant must be in court on the trial date even if they have a pending appeal by way of a writ petition to the Court of Criminal Appeals. A trial judge may still go forward with the case in the absence of the defendant.

Plea Negotiations

Plea bargaining is a key element of the Alabama criminal justice system. It refers to the process in which the accused and the prosecutor agree to an alternative resolution of the criminal case instead of going to trial. The accused generally agrees to plead guilty to a lesser charge, in return for which the prosecutor agrees to drop additional charges or recommend a lighter sentence. It is important to note, however, that the guilty plea agreement must be approved by a judge. One of the most common reasons an accused may want to enter a plea agreement is to avoid harsher penalties than those set for a recommended sentence by Alabama’s sentencing guidelines. However, plea agreements are not always advantageous to a defendant. If you have been accused of committing a crime in Alabama, you should be sure to carefully weigh the pros and cons of entering into a plea bargain. Plea bargains are made at any time during the process and may be based on limited evidence. For instance, you can enter a guilty plea in exchange for a lesser sentence without actually admitting guilt to the crime in question. This is commonly referred to as an "Alford or Best Interest Plea" based on North Carolina v. Alford (400 U.S. 25 (1970)). In these cases, the accused maintains his or her innocence while also recognizing there is enough evidence for a guilty conviction. Just because a plea bargain was proposed by the prosecutor does not mean you will be punished more severely without one. In fact, in some courts judges are more likely to deliver a light sentence when the prosecution and defense have already reached an agreement. The purpose of this approach is to encourage plea bargaining, and acknowledge the fact that convictions do not necessarily result from a jury trial in every case. Although a prosecutor may present a sentence recommendation to the accused, sentencing terms ultimately are up to the judge. There is no guarantee the guilty plea will result in a sentence as lenient as proposed by the prosecutor.

Trial Process

Under the Alabama Rules of Criminal Procedure, a trial begins with the selection of a jury from which the legal counsel for each side will ultimately choose their preferred jurors. This process involves interviews of the available jurors who testify as to whether they have any connection or bias against the judge, lawyers or parties involved in the case. After voir dire to obtain biographical and demographic information about the jurors (and the potential biases), a strike for cause can be made by the Deputy District Attorney or the Defense Attorney. Each side can only strike a juror on cause after the other side has exercised all of its strikes. Following this process, random jurors are selected by the Deputy District Attorney.
After preliminary motions and juror selection, the trial begins with an opening statement by the District Attorney’s Office. This begins with the state explaining to the jury what evidence they intend to provide and how the evidence will show the crime was committed and/or that the defendant committed the crime. After the District Attorney makes his or her statement , the defense attorney has an opportunity to present his or her opening statement followed by any rebuttals from the District Attorney.
After opening statements, the state presents its case in chief by calling witnesses to testify as to what happened. Each witness will be subject to direct and cross examination and can be impeached by the defense. The defense is then given the opportunity to present evidence to rebut what the state has presented. Counsel for both sides can object to testimony, motions from the other side, etc. The burden of proof never shifts from the prosecution; the defendant does not have to prove anything. Following all presentation of evidence supporting both sides, the state and defense can present closing arguments to the jury.
If a defendant is found guilty, post-conviction options include parole, appeal, post-conviction petitions, sentencing hearings, etc.

Post-Trial Matters and Punishments

Once a verdict is rendered, the post-trial processes commence. The trial court has the ability to grant new trials for a variety of reasons, including "good cause" and "in the interest of justice." Notably, the State also has the statutory authority to seek a new trial, which it may do to ensure justice is served.
In Alabama, the trial court usually allows the parties the opportunity to prepare post trial motions for the court to consider. Post trial motions can be filed for a number of reasons, including: These motions are generally heard after the case is set for sentencing. However, in capital cases, the jury must be polled prior to setting a date for sentencing.
If the defendant is found guilty, the judge will appoint counsel, if necessary, and hold a hearing to determine the proper sentence. In Alabama, the punishment for a felony conviction can include life in prison, life without parole, and the death penalty. The punishment for misdemeanor convictions is generally either a fine or a term of incarceration. The testimony of prison guards and probation officers is commonly heard at this stage.
The jury recommendation is followed by the trial court in non-capital cases, with the four exceptions below: In capital cases, a bifurcated trial is held, with the first trial addressing the guilt or innocence of the defendant and the second phase concerning the imposition of punishment. If the defendant is found guilty, the jury will hear evidence from the State and the defense during this second phase. Issues to be considered by the jury include the victim’s character and propensities, the defendant’s character, and mitigating factors. The jury will then deliberate and make a recommendation regarding the death penalty or possible alternatives.
After an indictment is returned in a felony case or after a plea of guilty is entered, the case moves forward through the appellate process. Under Rule 39, a sentence imposed by a district court may be appealed to the circuit court for a trial de novo. In the event that a defendant is convicted and sentenced in circuit court, the defendant has the right to appeal. Upon appeal, the defendant can challenge the jury verdict, as well as the rulings made by the trial court during the trial.
Rule 32 provides for post-conviction relief in state courts and is the means by which to obtain review of sentencing issues. The following are some of the general reasons for which post-conviction relief may be requested: Additionally, the Federal Post Conviction Statute applies in certain instances. The Federal statute permits a defendant to seek post-conviction relief after a state conviction if the following conditions exist: Except in capital cases, a defendant cannot obtain relief under rule 32 until a direct appeal has been taken. Generally, a second or successive petition for post-conviction relief may not be filed unless the defendant receives prior approval from the appellate court.
A conference involving the defendant, the prosecutor, and the presiding judge determines the sentence of a felony conviction. In a capital case, there is a bifurcated proceeding in which the guilt stage is followed by the sentencing phase. In any event, however, a defendant may make a statement and present witnesses on his or her behalf at the sentencing hearing.
On every imprisonment exceeding one year, there is deducted twelve days for each month of the term for good behavior during imprisonment. In addition to the good-time deductions, sentences in all cases are deemed in full execution from the day the offender is received into the penitentiary or jail until the term expires.
A defendant sentenced to death is not eligible for parole. For other convictions, the following list includes general requirements for parole eligibility: While the Department of Corrections is charged with the operation of parole eligibility, the Board of Pardons and Paroles reviews and decides whether to grant parole for eligible offenders.

Latest Changes and Updates

In 2018, the Alabama Legislature enacted revisions to several provisions in the Alabama Rules of Criminal Procedure. For example, Section 15-12-21 was partially repealed and replaced with Section 15-12-21.1, which limits the ability of an attorney for a defendant to represent more than one defendant at trial. In addition, Alabama Rule of Criminal Procedure Rule 12.5 was changed, and requires that a Notice of Assignment of Judge in criminal cases be filed in the presiding circuit court judge’s courtroom.
Rule 41.3, concerning the granting and revocation of bail pending appeal, provides guidance to defendants when they contemplate appealing from a criminal conviction. The rule sets forth a procedure for obtaining a stay and continuing current bail, provided the defendant has not already served his entire sentence at the time of filing the Notice of Appeal. Prisoners who have served their entire sentence, however, must seek relief from the courts in accordance with the provisions of Rule 32.1, which has recently undergone a change as well.
Also of note in Rule 41.8 are the revisions regarding the application for post-conviction relief. The rule mandates that an application for post-conviction relief must be filed within two years after the issuance of the certificate of judgment on direct appeal. However, the new revisions provide the following exceptions:
Any new amendments regarding the Alabama Rules of Criminal Procedure are generally effective on the first day of October of every year. However, these revisions specifically state that they became effective on August 1, 2018.

Additional Helpful Information

For those seeking additional information on Alabama Rules of Criminal Procedure, there are several resources available. The Administrative Office of Courts publishes the current Administrative Procedures, which includes downloadable copies. The Alabama Administrative Office of Courts site also provides an overview of the Alabama Court System and case filings. The Administrative Rules also provide access to case law databases on Westlaw and Lexis, as well as administrative law.
State law libraries contain a wealth of information, including pamphlets and self-help guides for individuals navigating the Alabama criminal justice system without an attorney. As a part of its ongoing mission to serve the public , the State of Alabama provides self-represented litigants with various resources and assistance tools to help individuals who have chosen to represent themselves with information about court procedures and the workings of the court system.
In addition, Alabama lawyers provide legal commentary and substantive postings that can prove to be very valuable. For example, Scott Green and Craig Harvey – two prosecutors in North Alabama – blog at the (somewhat ironically named) Alabama Criminal Defense Lawyer Blog and regularly discuss published opinions in conjunction with unpublished trial court rulings and federal dispositions. Although the latter are not technically binding on any state offender, interesting insights into current issues and a thorough understanding of what lies ahead can be helpful to both criminal defense attorneys and those without an attorney.