Alabama Criminal Law
Criminal law and procedure in Alabama is collected in a series of statutes and rules compiled by the Alabama legislature. The collection covers a broad range of behavior that is illegal and offers detailed punishments for the offenses. The information below is a sample of Alabama criminal law that addresses some of the more common questions about criminal law. If you have any questions or concerns contact an Alabama criminal defense attorney.
Drug Possession in Alabama
Possession or distribution of drugs in Alabama can result in serious consequences such as lengthy jail terms and heavy fines.Alabama drug law has three primary offenses:
The quantities that trigger a trafficking charge for each type of drug differ, and are found in the Code of Alabama.If arrested with any quantity of drug, consult an Alabama defense attorney for assistance with the case.
Assault in Alabama
Assault in Alabama occurs when an assailant intends to cause physical injury to another and does so, or recklessly causes harm to another. There are increased degrees of assault brought on by circumstances such as: the assailant uses a deadly weapon to cause injury, intends to cause serious injury, intends to maim or permanently disfigure, or causes serious injury with extremely reckless behavior.
For questions regarding a specific instance, or if arrested for assault, contact an Alabama defense attorney.
Alabama Drunk Driving – DUI
Alabama law provides strict punishment for a DUI, which can also be charged if the person is in the vehicle but not operating it. A first time offender faces a potential jail term of up to one year and/or a fine of at least $600 and up to $2,100. Additionally, the driver's license will be suspended for 90 days. If arrested for DUI in Alabama, contact an Alabama DUI attorney.
Right to Jury in Alabama
The Constitution of Alabama provides that defendants in a criminal action have a right to a trial by jury. The Alabama Rules of Criminal Procedure state that a defendant may waive the right to a trial by jury in writing or in court and with consent of the Court and the prosecutor. For misdemeanor trials, the defendant must file a written demand for a jury trial.
Trial Date in Alabama
Alabama law provides a defendant a speedy trial. When setting a trial date, a court in Alabama will take into account factors such as whether or not the defendant is in custody, the seriousness of the offense, and the complexity of the case.A court may grant continuances of the trial depending on the circumstances of the case. For more information on trial dates, and action to take in the event a trial does not seem sufficiently speedy, contact an Alabama criminal attorney.
Sentence Review / Appeals in Alabama
Upon conviction in Alabama, a defendant may make a motion to the trial court to order a new trial if the sentence is not appropriate for the crime charged, or the defendant has suffered a miscarriage of justice. Additionally, a defendant has a right to appeal a sentence or a conviction to a court of higher jurisdiction based on a perceived error in the trial or the sentence decision. Motions for new trial and appeals require certain time frames and procedures be met; contact an Alabama defense attorney for specific concerns.
Alabama Criminal Code and Rules of Criminal Procedure
Click here for Alabama's Criminal Code: