Code of Alabama - Title 15: Criminal Procedure - Chapter 11 - Preliminary Hearings

• Section 15-11-1 Right of person arrested for felony to hearing; failure of defendant to appear at hearing
  Every person charged with and arrested for a felony before his indictment shall have an absolute right to a preliminary hearing on said charge upon...
• Section 15-11-2 Jurisdiction of district court; prosecution not barred by finding of no probable cause
  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...
• Section 15-11-3 Adjournment; commitment of defendant to jail or bail
  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...
• Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district court's certificate as presumptive evidence of default
  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...
• Section 15-11-5 Issuance of alias arrest warrant upon default
  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...
• Section 15-11-6 Examination of complainant and witnesses
  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,...
• Section 15-11-7 Appearance by counsel for defendant; separation of witnesses; control of hearing
  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...
• Section 15-11-8 Duty of court to examine all witnesses
  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...
• Section 15-11-9 When defendant to be discharged
  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...
• Section 15-11-10 When defendant committed to bail or jail; form of commitment
  (a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant...
• Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant
  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...
• 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...
• Section 15-11-13 Requiring sureties of married women and minors when witnesses for prosecution
  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...
• Section 15-11-14 Failure or refusal of witness to enter undertaking; discharge of witness upon entering into undertaking
  (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...
• 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...

Last modified: May 3, 2021