Criminal Law 101
Understanding your basic rights in a criminal case is essential, because those rights are often the only barrier between you and a damaging mistake. The Constitution gives you protections such as the right to remain silent, the right to an attorney, and the right to refuse certain searches. These protections only help you if you know when to assert them. People frequently give up their rights in the heat of the moment simply because they do not realize they are allowed to say nothing or ask for counsel. Once a statement is made or permission is given, it cannot be undone. Knowing your rights ahead of time gives you a real chance to protect your freedom, your reputation, and your future.
Basic Alabama Criminal Law for the Layperson
Introduction: How Alabama’s Criminal System Works
Alabama’s criminal justice system is built on several levels of courts, each with its own role in the process. Most cases begin in Municipal Court or District Court. Municipal Courts handle violations of municipal ordinances and most traffic offenses. District Courts handle misdemeanors (depending on whether the City or County had jurisdiction), preliminary hearings in felony cases, and certain civil matters related to criminal justice. More serious criminal cases move into Circuit Court, which is the primary trial court for felonies and for misdemeanor appeals Municipal and District Court. Above the trial courts is the Alabama Court of Criminal Appeals, which reviews criminal convictions for legal error. The highest court in the state, the Alabama Supreme Court, hears a smaller number of criminal cases that involve significant legal questions.
A criminal case can involve several major steps, beginning with an arrest or the issuing of a warrant. A person who is arrested must be taken before a judge for a first appearance, where the judge informs the person of the charges and sets bond. For felonies, the Defendant has a right to a preliminary hearing. Felony cases often move next to a grand jury, which decides whether to return an indictment. Once a felony is indicted, the defendant appears for arraignment, where the charges are formally read and a plea is entered (This step may be waived by the Defendant, simply ask your attorney how). A case may then proceed toward trial, a guilty plea, or a dismissal. If a person is convicted, the court imposes a sentence, which can include jail or prison time, fines, probation, or participation in programs such as community corrections or accountability courts. Some counties also offer pretrial diversion, which gives eligible individuals a chance to avoid a conviction by completing certain requirements. A person who is sentenced has the right to seek review from the Court of Criminal Appeals, and in limited situations the Alabama Supreme Court. This introductory section provides only a broad overview. Each stage of the process carries important rights, deadlines, and strategic decisions that affect the outcome of a case.
Basic Alabama Criminal Law for the Layperson
Arrest, Warrants, and Police Encounters
When an Officer Can Arrest Without a Warrant
In Alabama, a police officer may make an arrest without a warrant in several situations. An officer can arrest someone if the officer personally witnesses a crime, such as a traffic offense, disorderly conduct, or a theft in progress. An arrest without a warrant is also allowed when the officer has probable cause to believe that a felony has been committed, even if the officer did not see it happen. Certain misdemeanor cases, such as domestic violence, also allow warrantless arrests based on probable cause. Probable cause means that the officer has reasonable and trustworthy information that a crime was committed and that the person being arrested is responsible for it.
How Warrants Are Issued
If the police do not have legal authority to arrest without a warrant, they must apply for one. A judge or magistrate issues an arrest warrant after reviewing a sworn statement from an officer or a complainant. This statement must provide enough facts to establish probable cause. Once a warrant is issued, law enforcement has the authority to take the person named in the warrant into custody. A similar process is used for search warrants. A judge must find that probable cause exists to believe that evidence of a crime will be found in a specific location before authorizing a search.
Basic Constitutional Rights During Police Contact
During any encounter with law enforcement, a person has several important rights. Individuals have the right to remain silent, and they are not required to answer questions about where they have been, what they have been doing, or whether they committed a crime. A person also has the right to ask if they are free to leave. If the officer says yes, the person may walk away. If the officer detains the person, the officer must have reasonable suspicion that the person is involved in criminal activity. Individuals also have the right to refuse consent to searches of their property, including their vehicle or home. Finally, a person has the right to speak with an attorney before answering questions in a custodial setting.
Common Mistakes People Make During Encounters
Many people unintentionally hurt their own cases because they do not understand their rights or because they are nervous during police contact. Common mistakes include agreeing to searches without realizing they could refuse, trying to talk their way out of trouble by volunteering information, answering questions after an arrest without waiting for an attorney, and assuming that cooperating fully will prevent charges from being filed. People also mistakenly believe that they must remain with officers who have not detained them. Understanding when to remain silent, when to ask for a lawyer, and when to leave can prevent many problems during an encounter with law enforcement. But remember, DO NOT RESIST THE ARRESTING OFFICER, remain respectful, assert your rights simply, for example, "I do not wish to answer any further questions and I want to speak with my lawyer, and I do not consent to any searches". At this point, Shut Up, do not argue with them, do not resist arrest, do not physically prevent an officer from performing a search (again assert that you do not consent to the search and then shut up); the side of the road or a crime scene is not the place to litigate your case; that is why we have courtrooms and court dates. There are a litany of exceptions to search warrant requirements, but that is your attorney's job to sort out, your job is simply to professionally assert your rights. Also, remember that you have certain obligations in Alabama, such as that you are required to identify yourself. Also, in a DUI matter, you also have to consider that their is Implied Consent that you will provide a breath sample (and refusal can result in suspension of your Drivers License).
Basic Alabama Criminal Law for the Layperson
Bond and First Appearance
How Bond Is Set
After an arrest, the first formal court proceeding is usually the first appearance, sometimes called an initial appearance. During this hearing, the judge informs the person of the charges and decides whether to set bond. Bond is the amount of money or security required for release while the case is pending. Alabama courts set bond based on the recommended ranges in the Alabama Rules of Criminal Procedure, but a judge may raise or lower the amount depending on the facts of the case. Bond can be cash, a property bond, or a bonding company’s surety bond. In some cases, the court may release a person on their promise to appear without requiring money, which is known as release on recognizance.
Conditions of Release
When a judge sets bond, the judge may also impose conditions that the person must follow while the case is pending. These conditions often include appearing at all court hearings, avoiding new criminal activity, avoiding contact with alleged victims or witnesses, maintaining employment, or complying with drug testing or supervision requirements. Violating these conditions can result in bond being revoked and the person being taken back into custody.
What Judges Look for When Deciding Bond
Judges consider several factors when deciding whether someone can be safely released. These include the seriousness of the charges, the person’s criminal history, whether the person has failed to appear for court in the past, ties to the community, employment, family responsibilities, and the risk to public safety. A judge also considers whether the accused person is likely to appear for future hearings. The goal is to balance the person’s right to freedom before trial with the court’s duty to ensure community safety and court attendance.
How Family Members Can Help
Family members can play an important role during the first appearance and bond process. They can gather important documents such as proof of employment, letters of support, or medical information that may help the judge understand the person’s circumstances. Family members can also speak with a lawyer on the person’s behalf and provide information that may persuade the court that the individual has strong community ties and a stable living situation. In many cases, judges are more confident setting a reasonable bond when they see that the person has support and structure outside of jail.
Basic Alabama Criminal Law for the Layperson
Understanding Criminal Charges
Violations, Misdemeanors, and Felonies
Criminal charges in Alabama fall into three main categories. A violation is the lowest level of offense and is usually punishable only by fines. Common examples include minor traffic offenses and local ordinance violations. A misdemeanor is more serious and can carry up to one year in jail. Alabama divides misdemeanors into Class A, Class B, and Class C, with Class A being the most serious. A felony is the highest level of criminal offense. Felonies carry potential sentences that range from one year and one day in prison to life imprisonment, depending on the classification and the facts of the case.
How Charges Can Change During a Case
A criminal charge is not always permanent or final. Charges may be increased, reduced, or dismissed as the case develops. Prosecutors can amend charges based on new evidence, legal issues, or the outcome of a preliminary hearing. In felony cases, the grand jury may return an indictment that differs from the original charge. This means a person can be arrested for one offense and later formally charged with a different one. Plea negotiations can also result in reduced charges as part of an agreement.
Enhancements and Aggravating Factors
Some offenses carry additional consequences when certain circumstances are present. These are known as enhancements. Examples include using a firearm during the commission of a crime, possessing or selling drugs near a school or public housing, causing injury to a victim, or having multiple prior convictions. Enhancements can increase the range of punishment far beyond what the base offense would normally carry. Understanding whether enhancements apply is important for assessing the potential penalties in a case.
Why the Exact Charge Matters
The classification and specific wording of a charge determine the possible sentence, the court that handles the case, and the rights the accused has at each stage. For example, only felony cases go before a grand jury, and only felony convictions can be used to enhance certain future sentences. Misdemeanor cases may be resolved more quickly, while felony cases tend to involve more complex legal procedures. Knowing the exact charge helps a person understand the stakes and the strategy required to defend the case effectively.
Basic Alabama Criminal Law for the Layperson
The Felony Process: Grand Jury, Indictment, and Arraignment
The Role of the Grand Jury
Felony cases in Alabama usually go before a grand jury unless they are resolved earlier through a plea agreement or dismissal. A grand jury is a group of citizens selected to review evidence presented by the prosecutor. The proceeding is closed to the public. The accused person does not attend and does not have the right to present evidence unless invited. The grand jury decides whether there is enough evidence to formally charge someone with a felony. If they agree that probable cause exists, they return a true bill, which becomes the indictment. If they do not, they return a no bill, and the case may end unless the state gathers new evidence.
What an Indictment Means
An indictment is a formal written accusation that sets out the felony charges. It does not determine guilt. Instead, it allows the case to move forward in Circuit Court. Indictments often contain broader or revised charges compared to the original arrest. This can happen because prosecutors present additional evidence to the grand jury or adjust the charges based on their evaluation of the case.
Arraignment and Entering a Plea
After an indictment is issued, the next major court event is the arraignment. Arraignment is a short hearing where the judge informs the accused of the charges and the potential range of punishment. The accused enters a plea of guilty or not guilty. If the person has a lawyer, the lawyer may file a written waiver of arraignment and a not guilty plea, which avoids the need to appear in person. This stage also triggers important deadlines for filing motions, requesting discovery, and preparing the defense.
Next Steps After Arraignment
Once a plea is entered, the case moves into the pretrial phase. This can include court dates for scheduling, plea negotiations, and hearings on motions such as suppression of evidence or bond modification. If the case does not resolve, it will eventually be set for trial. Throughout this process, the accused person has the right to counsel, the right to discovery, and the right to raise legal challenges to the state’s evidence.
Basic Alabama Criminal Law for the Layperson
Evidence and Discovery
What the Prosecution Must Disclose
In Alabama, the prosecution is required to provide certain information to the defense during the discovery process. Discovery refers to the exchange of evidence and information that each side plans to use in court. The prosecution must disclose police reports, witness statements, photographs, video recordings, scientific test results, and any physical evidence related to the case. They must also turn over evidence that may help the defense, including information that weakens the credibility of a state witness or suggests that the accused may be innocent. This type of material is sometimes called exculpatory evidence.
How the Defense Conducts Discovery
The defense has the right to obtain evidence from the state through formal requests and court orders. Defense attorneys may review physical evidence, examine forensic reports, and request copies of body camera footage, dash camera video, and interview recordings. They may also interview witnesses, inspect crime scenes, and use private investigators or experts to help analyze the case. Discovery is a critical part of preparing a defense because it allows the attorney to test the strength of the state’s case and look for inconsistencies or legal weaknesses.
Subpoenas and Witness Testimony
Both the prosecution and the defense can issue subpoenas to require witnesses to appear in court or to produce documents. A subpoena is a court order that must be obeyed unless a judge rules otherwise. Subpoenas are often used to gather business records, medical records, phone data, or surveillance video. Witness testimony is often the foundation of a criminal case, so obtaining accurate, complete information from witnesses is important for understanding what happened and how to present the case effectively.
How Evidence Suppression Works
Even when the state has evidence, that evidence may not be admissible at trial. The defense can file motions asking the judge to suppress evidence that was obtained illegally or in violation of constitutional rights. Examples include evidence found during an unlawful search, statements taken without proper warnings, or identifications made using improper procedures. If the judge agrees that the evidence was obtained unlawfully, the judge may rule that it cannot be used at trial. Suppression can significantly weaken the state’s case or lead to reduced charges or dismissal.
Why Discovery Matters to the Outcome
Discovery sets the stage for the entire case. The information obtained during this stage helps the defense determine whether to negotiate a plea, file motions, or take the case to trial. Many criminal cases are resolved based on the strength or weakness of the evidence revealed through discovery. A well-prepared defense requires a complete understanding of the evidence and the ability to challenge improper or unreliable material.
Basic Alabama Criminal Law for the Layperson
Trial in Alabama Criminal Courts
Bench Trial and Jury Trial
In Alabama, a person charged with a crime has the right to a trial. Most felony trials and some misdemeanor cases are decided by a jury. The difference between them is simple, felony cases are indicted and proceed to a jury trial, whereas most misdemeanor cases originate in the District Court and are tried before a district court judge; however, if a misdemeanor is appealed, the Defendant has right too a trial before a jury. A jury trial involves twelve jurors. These jurors listen to evidence and decide whether the state has proven the defendant’s guilt beyond a reasonable doubt. A bench trial is a trial without a jury, where the judge acts as both the finder of fact and the decision-maker. Bench trials are sometimes used for minor offenses or when both sides agree that legal issues, rather than factual disputes, are the focus of the case.
Roles of the Judge, Prosecutor, and Defense Attorney
Each participant in a trial has a specific role. The judge ensures the trial follows the law, rules on objections, and instructs the jury on the legal standards they must apply. The prosecutor presents the state’s evidence, questions witnesses, and argues that the defendant is guilty. The defense attorney challenges the state’s evidence, cross-examines witnesses, presents defenses, and protects the defendant’s rights. The defendant is presumed innocent throughout the trial and is not required to testify or present evidence.
Burden of Proof
In every criminal case, the state carries the burden of proof. Prosecutors must prove each element of the charged offense beyond a reasonable doubt. This is the highest legal standard. If the jury has a reasonable doubt about any essential element of the offense, the law requires an acquittal. The defense does not have to prove innocence. The defense only needs to show that the state has not met its burden. However, there is an exception, as when the Defense asserts the Defense of Self-Defense, the burden shifts to the Defendant to prove that he or she was acting in self defense or defense of another.
What Happens During a Trial
A trial follows several structured phases. It begins with jury selection, where the judge and attorneys question potential jurors to ensure they can be fair. After a jury is selected, both sides give opening statements. The prosecution then presents its witnesses and evidence. The defense may choose to present witnesses or may rest without calling anyone. After both sides finish presenting evidence, they give closing arguments. The judge then instructs the jury on the relevant law. The jury deliberates in private and returns a verdict of guilty or not guilty. A not guilty verdict ends the case. A guilty verdict leads to a separate sentencing phase, either immediately or at a later hearing.
Motions and Legal Issues During Trial
Trials often involve legal disputes that require the judge to make rulings. These include objections to questions, disputes about whether certain evidence can be admitted, and motions for judgment of acquittal. A motion for judgment of acquittal asks the court to rule that the state has not presented enough evidence to allow the case to continue. These rulings can affect the scope of the evidence and the direction of the case.
Importance of Preparation
Successful trial outcomes depend on careful preparation long before the case reaches the courtroom. Preparation includes reviewing all discovery, interviewing witnesses, conducting investigation, preparing cross-examination questions, and developing legal arguments. Trials are unpredictable, and the defense must be ready to respond to unexpected testimony or rulings. For many defendants, the trial is the most important moment in the entire criminal process, so experienced counsel is essential.